HomeMy WebLinkAboutZBA Packet 2026-06-23Zoning Board of Appeals Special Approval Application
ZBSA-26-1
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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
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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.
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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