Loading...
HomeMy WebLinkAboutZBA Packet 2026-06-23Zoning Board of Appeals Special Approval Application ZBSA-26-1 Esri, NASA, NGA, USGS | County of Tompkins, data.pa.gov, Esri, TomTom, Garmin, Sa…Powered by Esri (https://www.esri.com/) Applicant Spiros Halkiopoulos Location 155 Westview Ln Ithaca, NY 14850 View location details (/locations/23159) Created May 14, 2026 Status Active Expires -- Details Files (19) Meeting Information Appearance Date for Variance June 23, 2026 Meeting Time 6:00 pm Meeting Location 215 N. Tioga St , Board Room Staff Contact Person Lori Kofoid Staff Email codes@townithacany.gov Staff Phone 607-273-1783 Type of Variance Special Approval Variance Code Language ZBSA-26-1 Appeal of Greg and Matoula Halkiopoulos, owners of 155 Westview Ln., Ithaca, NY, 14850; are seeking relief from Town of Ithaca Code section 270-223 (Fences and walls; retaining walls). Town of Ithaca Code section 270-223 allows a maximum retaining wall height of 3’ when the retaining wall is within 5’ of the property boundary line, where the applicant is seeking special approval to allow the retaining wall to exceed 3’ in height due to being less than 5' to the property boundary line.  The property is located in the Medium Density Residential Zone, Tax Parcel No. 58.-2-39.541. Meeting Results Meeting Result (First Appearance) Adjourned Applicant's Information Applicant is * Property Owner Description Brief Description of Special Approval Request * Retaining wall added on top of existing retaining wall  Special Approval Criteria Form 1. Will the project be suitable for the property on which it is proposed? *  Yes Proof: Prior to retaining wall we didn't have access to the rear of our home. We would have to ask permission from our neighbors for us to access the back of our house  2. Is the proposed structure design and site layout compatible with the surrounding area? * Yes Proof: It blends in with the houses and brings value to the surrounding area. The topography also requires us to have a retaining wall for access of the rear of our home.  3. Do the operations in connection with the proposed use create any more noise, fumes, vibration, illumination, or other potential nuisances than the operation of any permitted use in the particular zone? * No Proof: The retaining wall is built , it doesn't make any noise or fumes and it's immovable. It can't be moved nor does it vibrate 4. Community infrastructure and services, such as police, fire and other protective services, roadways, schools, and water and sewer facilities are currently, or will be, of adequate capacity to accommodate the proposed use? * Yes Proof: With the retaining wall all community infrastructure and services such as police can be accomodated to access tb rear of the house  5. Will the proposed use, structure design, and site layout comply with all the provisions of the Town Code and with the Town of Ithaca Comprehensive Plan? * No Proof: The retaining wall has now given us access to the rear of our home when previously we had to ask for permission from our neighbors.  6. Will the site layout, with proposed vehicular, bicycle and pedestrian access, traffic circulation, and parking and loading facilities, be sufficient for the proposed use and is safely designed for emergency vehicles? * Yes Proof: I access the rear of our home quite often now unloading wood or dirt or gravel and I have not had one issue. So I think it would be perfect for emergency vehicles if needed to access the rear of the house.  7. Will the project includes sufficient landscaping and/or other forms of buffering to protect surrounding land uses. Existing vegetation is preserved to the extent possible? * Yes Proof: There was green grass there before and we made sure that grass grew there again.  Affidavit Spiros Halkiopoulos May 6, 2026 Digital Signature * Documents SIGN Issued Jun 22, 2026 Neighbor Notification Letter Issued Jun 11, 2026 Portal powered by OpenGov Town of Ithaca Your Profile Sign Up (/sign-up) Your Records (/dashboard/records) Resources Search for Records (/search) Claim a Record (/claimRecord) Employee Login (https://ithacany.workflow.opengov.com) Outlook Permit application BLD 25-232 From Mark Stonier <MStonier@townithacany.gov> Date Tue 2/24/2026 2:53 PM To spirosjohn@gmail.com <spirosjohn@gmail.com> Good Afternoon, I am writing you this email to inform you that at this time a building permit cannot be issued for this project due to the fact that the location and height of the proposed wall is in violation of local law 270- 223 B (2). This email will serve as a denial of the project and can be used to have the right to appear before the towns ZBA board to possibly obtain relief from local law 270-223 B (2) so the wall can be constructed. Best, Mark Stonier Electrical Inspector/ Code Enforcement Officer Town of Ithaca 215 North Tioga St. Ithaca, NY 14850 mstonier@townithacany.gov (607)273-1783 ext.116 The information contained in this e-mail message is confidential and intended only for the individual or entity to whom or which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, alteration, or copying of this e-mail message is strictly prohibited. If you have received this e-mail in error, please immediately notify the sender by telephone (607-273-1783), or by return e- mail, and delete this e-mail message. ~ A\\ Dek Vipe iS ce. pe WWwt#a Drang $i He Calortc. SpaceE-TF 3- 333 i Seanrtes SAWS @ ginal Com that: EM Aen nen nar ee lA AIMEE A, ORiA Ph SOME RG Fae NNR al SERN inate eS St_titin Tat ag a POA Ne, EG EN Daag ff OAS PO NTE, a 7y : , oot N ~ a ak ee oe . may : oy 5 ' td ,' pareve sag esnstcen nips a tariaastcire aor sem sclagimanat aM 18 stitial MMi NO EA I TEs EO " x 8 ued oh La ee "pst { ) pe teaCT"Fe So, 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. June 03, 2026 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: Special Approval for proposed Retaining Wall located at 155 Westview Ln, Tax Parcel # 58.-2-39.541, Matoula Halkiopoulos, Owner and 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 ar Outlook ZBSA-26-1 From Helen Spanswick <spanwalk@icloud.com> Date Fri 6/19/2026 10:32 AM To Codes <codes@townithacany.gov> [You don't often get email from spanwalk@icloud.com.Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Re:comments 1.Wall isn't properly built. 2.Open drains caused excessive water on my driveway,and thus dangerous icy conditions . 3.drainage flowed into my garage. 4.Eventually animals enjoyed access through drains to wall. 5.Obvious danger of hydrostatic pressure which means sections of the wall may burst onto my driveway and or cars etc. 6.Drainage problems should be directed down neighbor's property. I will send relevant photographs. Sincerely,Helen Spanswick Sent from my iPhone Letter 1 Outlook Relevant photos From Helen Spanswick <spanwalk@icloud.com> Date Fri 6/19/2026 10:49 AM To Codes <codes@townithacany.gov> [You don't often get email from spanwalk@icloud.com.Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Re:ZBSA-26-1 Letter 2 ar Outlook Hearing ZBSA-26-1 From Helen Spanswick <spanwalk@icloud.com> Date Sun 6/21/2026 5:53 PM To Codes <codes@townithacany.gov> [You don't often get email from spanwalk@icloud.com.Learn why this is important at https://aka.ms/LearnAboutSenderldentification ] Comment: I appear to be at a severe disadvantage.I sent in an official complaint.After waiting close to a year ,there is,for my neighbors,their relief appeal hearing;there is no sign on the neighbors'property although I was promised by Mr Stonier to expect one.Why the long delay?The wall is I assume supposedly finished.See unfinished drainage onto my property. The official agenda for the appeal is dated June 12th ,and I received a letter for the first time on June 18,telling me about the precise date of my neighbors'appeal meeting.Today,the offices are closed,followed by the weekend.That leaves Monday before the Tuesday meeting.(A 2 week warning at least might be reasonable.) I am being advised by many people to be present at the appeal .I will do my best to attend. Sincerely, Helen Spanswick Sent from my iPhone Letter 3 Page 1 of 3 Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1 – Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 – Project and Sponsor Information Name of Action or Project: Project Location (describe, and attach a location map): Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone: E-Mail: Address: City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. NO YES 2.Does the proposed action require a permit, approval or funding from any other government Agency? If Yes, list agency(s) name and permit or approval: NO YES 3.a. Total acreage of the site of the proposed action? __________ acres b. Total acreage to be physically disturbed? __________ acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? __________ acres 4.Check all land uses that occur on, ar adjoining r near the proposed action 5. Urban Rural (non-agriculture) ndustrial Commercial Residential (suburban) a r Forest Agriculture Parkland Page 2 of 3 5.Is the proposed action, a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? NO YES N/A 6.Is the proposed action consistent with the predominant character of the existing built or natural landscape?NO YES 7.Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: ________________________________________________________________________________ NO YES .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? .Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES 9.Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 10.Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable ar : _________________________________________ _____________________________________________________________________________________________ NO YES 11.Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: ______________________________________ _____________________________________________________________________________________________ NO YES . a. r nan r bana n a bn araa r r n ana r a r r a r a a bn rn b nr ar ran an r rran b b r n n a r r a araa n a r rran araa nnr NO YES . 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 b. r r an rn a n r aan an ara na a n r Page 3 of 3 4.Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: Shoreline Forest Agricultural/grasslands Early mid-successional Wetland Urban Suburban 15.Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES 16.Is the project site located in the 100-year flood plan?NO YES 17.Will the proposed action create storm water discharge, either from point or non-point sources? If Yes, a.Will storm water discharges flow to adjacent properties? b.Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: _____________________________________________________________________________________________ _____________________________________________________________________________________________ NO YES 18.Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size nn ____________________________________________________________________________________________ _ 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 subject of remediation (ongoing r completed) for hazardous waste? If Yes, describe: _______________________________________________________________________________ _____________________________________________________________________________________________ NO YES I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Date: _____________________ Applicant/sponsor name: ______________________ __________________________ Signature: _____________________________________________________ EAF Mapper Summary Report Wednesday, May 6, 2026 11:49 AM 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. Part 1 / Question 7 [Critical Environmental Area] No Part 1 / Question 12a [National or State Register of Historic Places or State Eligible Sites] No Part 1 / Question 12b [Archeological Sites]No Part 1 / Question 13a [Wetlands or Other Regulated Waterbodies] Digital mapping data are not available or are incomplete. Refer to EAF Workbook. Part 1 / Question 15 [Threatened or Endangered Animal] No 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 1Short Environmental Assessment Form - EAF Mapper Summary Report