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HomeMy WebLinkAboutZBAA-25-23 906 Danby Rdithaca journal Govt Public Notices Originally published at ithacajournal.com on 10/06/2025 Town of Ithaca Notice of Public Hearing Zoning Board of Appeals Tuesday,October 14,2025 @ 6:00 p.m. 215 N.Tioga St. ZBAA-25-22 Appeal of Vishalsingh Chaudhari &Vandana Raghavan,owners of 203 Westview Ln.,Ithaca NY;are seeking relief from Town of Ithaca Code sections 270-71E (Yard regulations)and 270-72 (Building area).Town of Ithaca Code section 270-71E requires accessory buildings to have a side or a rear yard setback of 3’,where the applicant is seeking to have a reduced side yard setback of less than 3’.Town of Ithaca Code section 270-72 requires a maximum building area of 20%,where the applicant is seeking to exceed the maximum building area identified.The property is located in the Medium Density Residential District Zone,Tax Parcel Number 58.-2-39.621. ZBAA-25-23 Appeal of Unity House of Cayuga County,Owners of 906 Danby Rd.,Ithaca NY,Maurice Coit,Agent:is seeking relief from Town of Ithaca Code section 270-71E (Yard regulations).Town of Ithaca Code section 270-71E requires accessory buildings to occupy the rear yard,where the applicant is seeking approval for an accessory building to be located in the front yard.The property is located in the Medium Density Residential District Zone,Tax Parcel Number 40.-3-5. For public convenience,the meeting can be attended virtually via the ZOOM platform. Comments on the appeal(s)can be made in person or via the ZOOM platform during the meeting.You can also email comments or questions up until 3pm the day of the meeting to Codes@townithacany.gov.All comments become part of the official record. Links to the full materials and ZOOM are available on the Town’s website, www.townithacany.gov under “Public Meetings”. HOW TO ACCESS ZOOM: Virtually -Go to www.zoom.us -Click Join Meeting -enter Meeting ID 852-5587-1576 - the Host will let you in.By Phone -Call (929)436-2866 -You will be prompted to enter the Meeting ID:852-5587-1576 -the Host will let you in. Marty Moseley Director of Code Enforcement 10/6/2025 11728415 10/6/25,9:42 AM ZBAA-25-23•Town of Ithaca October 6,2025 ZBAA-25-23 Zoning Board of Appeals Area Variance Application Status:Active Submitted On:8/26/2025 Primary Location 906 Danby Rd Unit Unity House of Cayuga County Ithaca,NY 14850 Owner Unity House of Cayuga Co, Inc 217 West Genesee St Auburn,NY 13021 Applicant X Maurice Coit J 315-253-6227 ext.341 @ maurice.coit@unityhouse.org A 5483 Booth rd locke,NY 13092 Internal Only-Review Tax Parcel No. 40.-3-5 Is Engineering Dept.Approval Required? Yes A GML-239 Reason for Review* The right of way of any existing or proposed county or state road A Appearance Date for Variance 10/14/25 Is Planning Dept.Approval Required? Yes A Is a GML-239 Review Required? Yes A Type of Variance Area Variance https://ithacany.workflow.opengov.eom/#/explore/records/38191/details 1/10 10/6/25,9:42 AM ZBAA-25-23 A Variance Code Language ZBAA-25-23 Appeal of 906 Danby Rd.,Ithaca NY,Owner,Unity House of Cayuga County;Maurice Coit,Agent:is seeking relief from Town of Ithaca Code section 270- 71E (Yard regulations) Town of Ithaca Code section 270-71E requires accessory buildings to occupy the rear yard,where the applicant is seeking approval for an accessory building to be located in the front yard. The property is located in the Medium Density Residential District Zone,Tax Parcel Numbers:40.-3- 5 A Variance Code Section 270-71 E Internal Tasks to be Completed A Meeting Result (First Appearance)Materials For GML-239 Were Sent 09/26/2025 A Deadline for Hearing Notice to Journal A Public Hearing Notice Was Sent 10.2.25 10/02/2025 A Neighbor Notification Letters Were Sent Date Sign Was Picked-up 10/06/2025 09/30/2025 A Material Packets Sent to ZBA Members 10/06/2025 Historical Only https://ithacany.workflow.opengov.eom/#/explore/records/38191/details 2/10 10/6/25,9:42 AM ZBAA-25-23 Address affiliated with request Status Applicant's Information Applicant is*Is the primary point of contact for application different than the applicant?*Property Manager No If the applicant is NOT the owner,a letter/email from owner designating the applicant as agent or a copy of the contract with owner's signature will need to be provided. Description Brief Description of Variance Request* Gazebo in side yard for accessibilty for handicapped use. Area Variance Criteria Form 1.Will an undesirable change be produced in the character of the neighborhood or be a detriment to nearby properties?* No Reasons: Gazebo is currently in a fenced in yard. https://ithacany.workflow.opengov.eom/#/explore/records/38191/details 3/10 10/6/25,9:42 AM ZBAA-25-23 2.Can the benefit sought by the applicant be achieved by a feasible alternative to the variance?* No Reasons: The gazebo would not be handicapped accessable in the back yard. 3.Is the requested variance substantial?* No Reasons: The gazebo was installed last year. 4.Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: Only a stone base was installed to install. 5.Is the alleged difficulty self-created?* Yes https://ithacany.workflow.opengov.eom/#/explore/records/38191/details 4/10 10/6/25,9:42 AM ZBAA-25-23 Reasons: Previous director installed the gazebo without a permit. Affidavit The UNDERSIGNED respectfully submit this application requesting an appearance before the Zoning Board of Appeals.By filing this application,I grant permission for members of The Town of Ithaca Zoning Board of Appeals or Town staff to enter my property for any inspection(s)necessary that are in connection with my application.I acknowledge,that completed applications are scheduled on a first-come first-serve basis and that all documents ideally be submitted forty-five (45)days advance of the proposed meeting date,together with the required application fee.Failure to do so may result in a delay in my hearing. Digital Signature* O Maurice D.Coit Aug 26,2025 Meeting Date 10/14/2025 PAYMENT INFORMATION After submission,Code Department Administration will review the application and materials provided.After review,and email with instructions for paying the fee online with credit card or E-check will be sent to the applicant. If it is preferred to pay by check,cash or money order: *Mail to Code Enforcement,Town Hall 215 N.Tioga St,Ithaca,NY 14850 *Drop off during business hours to Town Hall M-F 8-4 *Place in locked box next to the door on the Buffalo St side of Town Hall Attachments https://ithacany.workflow.opengov.eom/#/explore/records/38191/details 5/10 10/6/25,9:42 AM ZBAA-25-23 & Record Activity 07/14/2025 at 11:46 amMauriceCoitstartedadraftRecord Narrative Maurice Coit.docx Uploaded by Maurice Coit on Aug 26,2025 at 9:29 AM Survey and/or Plans Danby site map.pdf Uploaded by Maurice Coit on Jul 29,2025 at 11:45 AM Letter or Email of Authorization Unity House is a non for profit organization and I Maurice Coit am the facilities director.docx Uploaded by Maurice Coit on Aug 26,2025 at 10:32 AM Determination/Denial Letter Building_Permit_Denial_Email_6_26_25_Thu_Jun_26_2025_12-24-28.pdf Uploaded by Maurice Coit on Jul 29,2025 at 9:07 AM Environmental Assessment Form enviromental assement.pdf Uploaded by Maurice Coit on Aug 26,2025 at 10:28 AM Maurice Coit added file Building_Permit_Denial_Email_6_26_25_Thu_Jun_26_2025_12-24- 28.pdf 07/29/2025 at 9:07 am Maurice Coit added file Danby site map.pdf 07/29/2025 at 11:45 am Maurice Coit added file Maurice Coit.docx 08/26/2025 at 9:29 am Maurice Coit added file enviromental assement.pdf 08/26/2025 at 10:28 am Maurice Coit added file Unity House is a non for profit organization and I Maurice Coit am the facilities director.docx 08/26/2025 at 10:32 am Maurice Coit submitted Record ZBAA-25-23 08/26/2025 at 10:33 am OpenGov system altered inspection step Review -Code Enforcement/Zoning Dept.,changed status from Inactive to Active on Record ZBAA-25-23 08/26/2025 at 10:33 am OpenGov system altered payment step Payment,changed status from Inactive to Active on Record ZBAA-25-23 08/26/2025 at 10:33 am https://ithacany.workflow.opengov.eom/#/explore/records/38191/details 6/10 1 Dana Magnuson From:Dana Magnuson Sent:Thursday, June 26, 2025 12:23 PM To:maurice.coit@unityhouse.org Subject:Building Permit Application BLD-25-70 for 906 Danby Road Has Been Denied/Zoning Board of Appeals Area Variance Required for Existing Gazebo to Remain In Side Yard Hello Maurice, 906 Danby Road in the Town of Ithaca is located in a Medium Density Residential Zone. The existing gazebo located in the south side yard is required to be located in the rear yard per Town Law Chapter 270 Zoning Article IX Medium Density Residential Zones 270-71 Yard Regulations. E. Accessory buildings. [Amended 8-13-2012 by L.L. No. 11-2012; 12-11-2017 by L.L. No. 20-2017] (1) Buildings occupied by a detached accessory dwelling unit. Such buildings must be located in a rear yard, be at least 30 feet from any side lot line, and be at least 15 feet from a rear lot line. (2) All other accessory buildings (except garages, and except woodsheds meeting the requirements of Subsection G below) may not occupy any open space other than a rear yard. (3) Accessory buildings (including garages, woodsheds, and buildings occupied by a detached accessory dwelling unit), in the aggregate, may occupy not more than 40% of the thirty-foot rear yard setback required by Subsection B above. (4) Accessory buildings (except for garages and buildings occupied by a detached accessory dwelling unit) shall be not less than three feet from any side or rear lot line. Any accessory building, other than a garage or a building occupied by a detached accessory dwelling unit, on a corner lot shall be not less than five feet from the rear lot line. Medium Density Residential Zone link below: https://ecode360.com/8661928 Options are; 1) Relocate the gazebo to the rear yard or 2) Apply for a Zoning Board of Appeals (ZBA) area variance for the gazebo to remain in the side yard. 2 Below is the link for the ZBA area variance application: https://ithacany.portal.opengov.com/categories/1084/record-types/6461 This email can be uploaded for the required denial letter for the ZBA application. Please let me know if you have any questions. Thank you, Dana Magnuson Senior Code Enforcement/Electrical Town of Ithaca 215 N.Tioga St. Ithaca, NY 607-273-1783 ext.131 dmagnuson@townithacany.gov www.town.ithaca.ny.us Unity House is a non for profit organization and I Maurice Coit am the facilities director. Maurice Coit Facilities Director Unity House ofc Good morning, we recently installed a gazebo at 906 Danby Rd. At the time we didn’t realize that we could not install it in the front yard. It was installed for use for people with developmental disabilities. If the Gazebo has to be moved to the back yard it will not be accessible to the residents who reside there. UNITY House OP CAYUGA COUNTY INC.t03AGEES&40-33A hl tfl AMBHOEP 3/2<VlZ 1^4^ Purvey Map of 906 Danby Road-Town of Ithaca-Tompkins County 0oN X6 r» vi i 2f5 N CEAY 634'172 TOTAL TO E/W -*ZOO* 'SB SOB.TO:PUBLIC HWY..R.IGUTSUTILITYB/WS,BASEMENTS OF E ECOEO t CODUMCTOMEOADLEGEND O -ICDM PIPE FOUNDMEOMPINSETQ*CiBANITE hwy.mon.a *SURVEY POINT <?|I?SO’MAIMai Q Zoo'.TOTAL TO E/VZ—H65*2iw New York N0T1:AHYBBVtSONSTOTHtt MA?MUST COMPLY WITH SSCHOft 710I. SUBDIVISION 3 OP TH!NSW YOW STATS SDUCATKW LAW. 1 hereby certify to Tlcor Title Insurance Company;Key Bank National Association;and Unity House of Cayuga County Ino. that 1 am a licensed land surveyor,New York State License No.049415,and that thia map correctly delineates an actual survey on the ground made by me or under my directsupervision,that it was prepared in accordance with the current code of practice ror'land title surveys adopted by the New York State Association of Professional Land Surv^ors;and that I found no visible encroachments either way across property lines except asshownhereon. SIGNED:DATED: KENNETH A.BAKERMOHMICNALLAMOMJRVtYO? COMMISSIONER Katherine Borgella DEPUTY COMMISSIONER M. Megan McDonald 121 E. Court St, Ithaca, N.Y. 14850 | Phone: (607) 274-5560 | tompkinscountyny.gov/planning Creating and implementing plans that position Tompkins County communities to thrive. October 6, 2025 Lori Kofoid, Administrative Assistant IV Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 Re: Review Pursuant to §239 -l, -m and -n of New York State General Municipal Law Proposed Action: Area Variance for existing gazebo located at 906 Danby Road, Tax Parcel #40.-3-5, Unity House of Cayuga County, Owner; Maurice Coit, Applicant. Dear Lori Kofoid: This letter acknowledges your referral of the proposed action identified above for review by the Tompkins County Department of Planning and Sustainability pursuant to §239 -l, -m and -n of the New York State General Municipal Law. We have determined the proposed action will have no significant county-wide or inter-community impact. We look forward to receiving notification on the final action taken by your municipality within 30 days of decision, as required by State law. Sincerely, Katherine Borgella, AICP Commissioner of Planning and Sustainability Short Environmental Assessment Form Part 1 -Project Information Instructions for Completing Part I -Project Information.The applicant or project sponsor is responsible for the completion of Part 1.Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification.Complete Part 1 based on information currently available.If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1 .You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Gazebo Unity House ofc. Name of Action or Project: Gazebo installation Project Location (describe,and attach a location map): side yard Brief Description of Proposed Action: leaving installed gazebo at current location Name of Applicant or Sponsor: Maurice Coit Telephone:315-253-6227 E-Mail.Maurice.coit@unityhouse,org Address: 217 west Genesee St City/PO: Auburn State:Zip Code: New York 13021 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2.If no,continue to question 2. NO YES—J 2.Does the proposed action require a permit,approval or funding from any other government Agency? If Yes,list agency(s)name and permit or approval: NO YES 3.a.Total acreage of the site of the proposed action?003 acres b.Total acreage to be physically disturbed?_,003 acres c.Total acreage (project site and any contiguous properties)owned or controlled by the applicant or project sponsor?1 acres 4.Check all land uses that occur on,are adjoining or near the proposed action: 5.I 1 Urban I I Rural (non-agriculture)O Industrial F71 Commercial [3 Residential (suburban) D Forest Agriculture ||Aquatic Other(Specify): 1 1 Parkland Page 1 of 3 5.Is the proposed action, a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? NO YES N/A - —— 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES—0 7.Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? If Yes,identify: NO YES 8.a.Will the proposed action result in a substantial increase in traffic above present levels? b.Are public transportation services available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? NO YES 0 9.Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements,describe design features and technologies: NO YES -^1 — 10.Will the proposed action connect to an existing public/private water supply? If No,describe method for providing potable water: Outside gazebo no utilities NO YES ^1 — 1 1 .Will the proposed action connect to existing wastewater utilities? If No,describe method for providing wastewater treatment: Outside gazebo no utilities NO YES — 12.a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for archaeological sites on the NY State Historic Preservation Office (SHPO)archaeological site inventory? NO YES— 1 — 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES Page 2 of 3 14.Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply: QShoreline I I Forest I I Agricultural.'grasslands Q Early mid-successional I I Wetland (71 Urban I I Suburban I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or Federal government as threatened or endangered? NO YES 16.Is the project site located in the 100-year flood plan?NO YES 0 17.Will the proposed action create storm water discharge,either from point or non-point sources? IfYes, a.Will storm water discharges flow to adjacent properties? b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? IfYes,briefly describe: NO YES '— 1 8.Does the proposed action include construction or other activities that would result in the impoundment of water or other liquids (e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment:_ NO YES — 19.Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes,describe: NO YES — 20.Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed)for hazardous waste? IfYes,describe: Emerson power transmission NO YES — Applicant/sponsorname:Maurice Coit Date:8-27-25 Signature:Title:Facilities Director PRINT FORM Page 3 of 3 EAF Mapper Summary Report Tuesday,August 26,2025 9:38 AM Ithaca (City) Disclaimer:The EAF Mapper is a screening tool intended to assist project sponsors and reviewing agencies in preparing an environmental assessment form (EAF).Not all questions asked in the EAF are answered by the EAF Mapper.Additional information on any EAF question can be obtained by consulting the EAF Workbooks.Although the EAF Mapper provides the most up-to-date digital data available to DEC,you may also need to contact local or other data sources to confirm data provided by the Mapper or to obtain data not provided by the Mapper. j Sources Esr.HERE,Garmtn,USGS Ibtertrap INCRElJm? -IRCar,Evi Japa >ME’l Esn ChirB>t-ong Korg Esn Koiea Esp ana'NGCC,IC Op6r5VeelMi<i>ard tne GIS User CWUFity.Esn HERE Gar-rin KPSPIHthurnh Part 1 /Question 7 [Critical Environmental No Area] Part 1 /Question 12a [National or State No Register of Historic Places or State Eligible Sites] Part 1 /Question 12b [Archeological Sites]No Part 1 I Question 13a [Wetlands or Other Yes -Digital mapping information on local,New York State,and federal Regulated Waterbodies]wetlands and waterbodies is known to be incomplete.Refer to the EAF Workbook. Part 1 I 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]Yes Short Environmental Assessment Form -EAF Mapper Summary Report i