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Home My WebLink AboutZBA Packet 2024-06-11 Town of Ithaca Zoning Board of Appeals Tuesday, June 11, 2024, at 6:00pm 215 N. Tioga St. The meeting for the Zoning Board of Appeals will be held in-person, at Town Hall, with the option for the public to also attend by video conferencing through the Zoom App. The public will have an opportunity to see and hear the meeting live and provide comments through the Zoom App. If a member of the public would like to attend the meeting virtually, for viewing purposes only, it is recommended to watch the livestream video on YouTube. AGENDA  ZBAA-24-17 Appeal of Richard Martinez and Rachel Rasmussen, Owners of 807 Elmira Road, Ithaca NY, 14850; Gary Bush, Agent, are seeking relief from Town of Ithaca Code section 270-219.5 (Stream setback) for a proposal to construct a building in the stream setback area. Town of Ithaca Code section 270-219.5 requires building activities to occur outside of the Stream Setback area, where a building and related construction activities/amenities, or a portion thereof, is proposed to be constructed and located in the Stream Setback area. The current property is located in the Low-Density Residential District Zone, Tax Parcel No. 35.-1-12.5.  ZBAA-24-12 Appeal of EZC Carolinas LLC, owners; Mark Martinek, Agent; of 4 Schickel Road, Ithaca, NY, 14850; is seeking relief from Town of Ithaca Code section 270-61 (Building area). Town of Ithaca Code 270-61 allows for a maximum building area of 10%, where the proposed building area would be increased to approximately 13.99%.The current property is located in the Low Density Residential Zone, Tax Parcel No. 36.-2-14 INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON ZOOM: If you have a computer, tablet, or smartphone, you can access the Zoom meeting by going to www.zoom.us and clicking on “JOIN Meeting”, and entering 852-5587-1576 into the Meeting ID. You can also call in to the Zoom meeting at +1 (929) 436-2866. To join the meeting directly, go to https://us06web.zoom.us/j/85255871576. If joining through the Zoom App, you will be placed on hold until the meeting starts. INSTRUCTIONS TO ACCESS THE MEETING VIRTUALLY ON YOUTUBE: If you have a computer, tablet, or smartphone, you can access the meeting by going to The Town’s YouTube channel. To join the meeting directly, go to https://www.youtube.com/channel/UCC9vycXkJ6klVIibjhCy7NQ/live Questions about accessing the Zoom video conference should be directed to lkofoid@townithacany.gov or (607) 273-1783. Town of Ithaca 5/22/2024 ZBAA-24-12 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 5/10/2024 Primary Location 4 Schickel Rd Unit EZC Carolinas LLC Ithaca, NY 14850 Owner EZC Carolinas LLC 21525 Sandy Cove Rd Cornelius, NC 28031 Applicant Mark Martinek 231-735-1271 mark@greenscenelg.com 2079 Dryden Rd Freeville, NY 13068 Internal Only-Review Tax Parcel No. 36.-2-14 Is Planning Dept. Approval Required? Yes Is Engineering Dept. Approval Required? Yes Is a GML-239 Review Required? Yes GML-239 Reason for Review* The right of way of any existing or proposed county or state road Type of Variance Area Variance Appearance Date for Variance 06/11/2024 ZBAA-24-12 about:blank 1 of 10 5/22/2024, 11:47 AM Variance Code Language Variance Code Section Internal Tasks to be Completed Meeting Result (First Appearance) – Materials For GML-239 Were Sent 05/22/2024 Deadline for Hearing Notice to Journal 5/30/2024 Public Hearing Notice Was Sent – Neighbor Notiﬁcation Letters Were Sent 06/03/2024 Date Sign Was Picked-up – Material Packets Sent to ZBA Members 09/03/2024 Historical Only Address aﬃliated with request Status Applicant's Information ZBAA-24-12 about:blank 2 of 10 5/22/2024, 11:47 AM Applicant is* Contractor Is the primary point of contact for application diﬀerent than the applicant?* Yes Name of Primary Point of Contact* Mark Martinek Phone Number 2317351271 Email Address* mark@greenscenelg.com 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 ZBAA-24-12 about:blank 3 of 10 5/22/2024, 11:47 AM Brief Description of Variance Request* Narra�ve for The Area Variance for the Storage Building at 4 Schickel Rd We are seeking the variance to be able to construct a 20x19 Detached Garage in the Backyard. The exis�ng home has no storage for lawn tools, lawn machinery, outside furniture, Trailer with ATV and UTV, Shop area etc. The home is built on a cement slab. (No Basement) The exis�ng a�ached garage is 22x20. It will ﬁt the 2 cars, but has no room for anything else. We would like to build the storage building to store Lawn Equipment and Tools, Outdoor Furniture, Atv’s, Have a Workshop and etc. 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 ZBAA-24-12 about:blank 4 of 10 5/22/2024, 11:47 AM Reasons: The Proposed Garage is to be built in the backyard. It will be slightly viasible from the road. It will be built to match the existing home 2. Can the beneﬁt sought by the applicant be achieved by a feasible alternative to the variance?* No Reasons: The home is built on a slab. It Only has a 22x20 attached garage that can contain 2 cars and a small bench and small storage shelves 3. Is the requested variance substantial?* No Reasons: We are asking for and increase of less than 3% of area variance 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: It will ﬁt in the backtyaed and cause no adverse enviromental conditions ZBAA-24-12 about:blank 5 of 10 5/22/2024, 11:47 AM 5. Is the alleged diﬃculty self-created?* No Reasons: Cliients purchased exisiting home with only a small attached garage. Just need more storage 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* Mark Martinek May 10, 2024 Meeting Date 05/22/2024 ZBAA-24-12 about:blank 6 of 10 5/22/2024, 11:47 AM 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 Narrative for The Area Variance for the Storage Building at 4 Schickel Rd.docx Uploaded by Mark Martinek on May 10, 2024 at 4:41 AM Getts Property Surevey with Proposed 20x19 Detached Garage.pdf Uploaded by Mark Martinek on May 10, 2024 at 4:48 AM Short Enviromental Assessment Form - 4 Schickel Rd.pdf Uploaded by Mark Martinek on May 10, 2024 at 4:42 AM Getts Agent Letter - 3-6-2023.pdf Uploaded by Mark Martinek on May 10, 2024 at 4:43 AM History Date Activity 5/22/2024, 11:45:59 AM Lori Kofoid changed Deadline for Hearing Notice to Journal from "" to "5/30/2024" on Record ZBAA-24-12 Narrative Survey and/or Plans Environmental Assessment Form Letter or Email of Authorization ZBAA-24-12 about:blank 7 of 10 5/22/2024, 11:47 AM ZBA 2024-04-23 (Filed 4/25) Pg. 1 TOWN OF ITHACA Zoning Board of Appeals April 23, 2024 Minutes Present: David Squires, Chair; Chris Jung, Stuart Friedman, Connor Terry, Kim Ritter and Matthew Minnig Dana Magnuson, Codes; Paulette Rosa, Town Clerk; and Susan Brock, Attorney for the Town Mr. Squires opened the meeting at 6:00 p.m. ZBAA-23-31 Appeal of EZC Carolinas LLC, owners; 4 Schickel Road, TP 36.-2-14, LDR; seeking relief from Town of Ithaca Code section 270-61 (Building area) to be permitted to build a detached garage that would increase the building area to approximately 14% where 10% is allowed. Mr. Squires read the public hearing notice and noted that this appeal has been before this Board several times. Mr. Martinek stated that Mr. Moseley did some investigating and found that overhangs are not included in the total buildable area. Given that, the first part of the request tonight is to grant a variance for the existing house because that alone is approximately 12.5% where 10% is permitted. Secondly, the request is now for a 20 x 20 garage, which would bring the lot coverage percentage to approximately 14%, an increase of less than 2% of the existing lot coverage. Public Hearing Mr. Squires opened the public hearing; there was no one wishing to speak, and the hearing was closed. Discussion Members were sympathetic to the variance regarding the existing residence as this was an oversight by the Town and not self-created by the applicant. Mr. Terry was in favor of granting both requests, noting that the applicant has significantly reduced the requested size of the garage and the house directly next door has a large accessory building and looks very similar to this parcel. He also felt that the requested garage would be hidden in the back and shielded by trees. A majority of the Board members were not in favor of granting the variance for the detached garage. ZBA 2024-04-23 (Filed 4/25) Pg. 2 Mr. Martinek stated that he would be back next month with a reduced size until his clients are permitted to have an accessory building. ZBA Resolution 2024: ZBAA-23-31 Area Variance 4 Schickel Rd TP 36.-2-14 Resolved that this Board denies the appeal of EZC Carolinas LLC, owners; 4 Schickel Road, seeking relief from Town of Ithaca Code section 270-61 (Building area) to be permitted to build a detached garage that would increase the building area to approximately 14% where 10% is allowed, with the following Findings That the benefit to the applicant does not outweigh any detriment to the health, safety, and welfare of the community, specifically 1. That the benefit that the applicant wishes to achieve can be achieved by other means feasible given that there is a garage that could be used for storage rather than vehicle parking; and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that there are other properties with attached garages and unattached accessory buildings; and 3. That the request is substantial given that the proposed garage would increase the lot coverage to approximately 14% where 10% is permitted; and 4. The request will not have adverse physical or environmental effects as evidence by the fact that SQER is not required as a Type 2 action – minor accessory residential structure, and 5. That while the alleged difficulty is self-created in that the property was purchased as is, without any additional storage Resolved that this Board grants the appeal of EZC Carolinas LLC, owners; 4 Schickel Road, seeking relief from Town of Ithaca Code section 270-61 (Building area), to legalize the existing residence which exceeds the maximum lot coverage of 10% at approximately 12.5%, with the following Condition 1. That the building area cannot be expanded beyond the existing approximate 12.5%, and Findings That the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community, specifically ZBA 2024-04-23 (Filed 4/25) Pg. 3 1. That the benefit that the applicant wishes to achieve cannot be achieved by other means feasible given that the house exists now, and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that the house has existed as is for a number of years, and 3. That the request is substantial given that the lot coverage is approximately 25% over the maximum permitted; and 4. The request will not have adverse physical or environmental effects as evidence by the fact that SQER is not required as a Type 2 action – area variance for a single family residence, and 5. That while the alleged difficulty is not self-created in that the house existed and was over the maximum coverage permitted at the time of sale. Moved: Kim Ritter Seconded: Stuart Friedman Vote: ayes - Ritter, Friedman, Terry, Squires and Jung ZBAA-24-4 Appeal of Linda Copman Rev. Trust, owner of 210-212 Forest Home Dr., MDR, TP 66.-2-13, seeking relief from Town of Ithaca Code Section 270-71 which requires a side yard setback, of 15’ feet where Parcel A would have an approximately 6.6’ feet and Section 270-73 which requires a minimum width (at the maximum required front yard setback line) of 100’ feet where Parcel A would have approximately 95’ feet and Parcel B approximately, 50’ feet and Section 270-73 which requires a minimum lot area of 15,000 square feet, where parcel B is proposed to be approximately 9,218 square feet. It was noted that the request for a variance to allow on-street parking has been withdrawn. Mr. Dulfer, Agent, gave an overview, stating that the owner wishes to subdivide the property and live in the carriage house parcel and sell the other. He noted that the parcels were consolidated back in 1990 and the request is to essentially go back to how they were prior to that consolidation. SEQR Determination ZBA Resolution ZBAA-24-4 SEQR – Area Variance 210-212 Forest Home Dr Resolved that this Board makes a negative determination of environmental significance based upon the information in Parts 1 & 2 and for the reasons stated in Part 3 of the Environmental Assessment Form. Moved: David Squires Seconded: Connor Terry Vote: ayes – Squires, Terry, Jung, Ritter and Friedman Public Hearing ZBA 2024-04-23 (Filed 4/25) Pg. 4 Mr. Squires opened the public hearing. Bruce Brittain spoke, saying that he supports the variances as right now, with two residences on the parcel, one would have to be a rental and he is all for owner occupancy. He then asked about the memo from Mr. Slater regarding parking, saying that he respectfully disagrees with his comments, saying that there is plenty of room for a sidewalk and parking. Mr. Friedman asked him if his being in favor of the variance is based upon non-rentals and Mr. Brittain responded that he is not proposing a restriction on rental of either property, he felt that having them separated would enable both to be owner-occupied. Herb Engman spoke, saying he is a neighbor and sees no problem with the variance. He said the backyard is sloped and not conducive to further building and the side yard setbacks have been there for ever and are not a problem. He added that he is very happy that there is no longer street parking being proposed as there have been problems with erosion when parking in that area has happened in the past. There are no shoulders on both sides of the road in that area and we have been asking for sidewalks in that area for years and he encouraged the Board to require the “private parking” signs be removed to make it clear there is no parking in that stretch. Mr. Squires closed the public hearing. Discussion Mr. Friedman asked what changed to remove the parking request. Mr. Dulfer responded that as the survey was being drawn, it was determined that there is room for off street parking on the parcel. Mr. Terry asked if the carriage house is self-contained as far as utilities and Mr. Dulfer responded that there will be a new water line installed and then all utilities will be independent. ZBA Resolution ZBAA-24-4 Area Variance 210-212 Forest Home Dr Resolved that this Board grants the appeal of Linda Copman Rev. Trust, owner of 210-212 Forest Home Dr., seeking relief from Town of Ithaca Code Sections 270-71 and 73, to be permitted to subdivide the property resulting in deficiencies in the setback and lot area, with the following Conditions 1. That the subdivision into the two parcels and the setbacks and lot area be substantially as shown on the application materials, and ZBA 2024-04-23 (Filed 4/25) Pg. 5 Findings That the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community, specifically 1. That the benefit that the applicant wishes to achieve cannot be achieved by any other means feasible given that subdivision cannot happen without a variance, and it should be noted that previously, these two parcels were separate and subsequently combined in 1990 and the request is to return to those separate parcels, and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that the homes have existed for many years and the Forest Home neighborhood is a historic district with many properties that have preexisting non-compliant setbacks and sizes, and 3. That the request is substantial given that the minimum width is 100’ feet where Parcel B will have a 50’ foot setback and the side yard setback of Parcel A would be 6.6’ feet and Parcel B will be approximately 9,218 sqft where 15,000 sqft is requires, and 4. The request will not have adverse physical or environmental effects as evidence by the fact that this Board has made a negative determination, and 5. That while the alleged difficulty is self-created in that the applicant wishes to subdivide the property, which is mitigated by the fact that the parcels had existed separately for many years prior to being consolidated in 1990. Moved: David Squires Seconded: Connor Terry Vote: ayes - Squires, Terry, Jung, Ritter and Friedman ZBAA-24-5 Appeal of Chris Oliver owner of 517 Elm Street Extension, MDR, TP 29.-7-7, seeking relief from Town of Ithaca Code section 270-71 (Yard regulations) E. (2) (Accessory buildings) to have two accessory buildings remain in (east) side yard where they are only permitted in the rear yard. The agent explained that the property is surrounded by other residences and where they are in the side yard is the best place because they are partially hidden. Putting them in the rear yard would have the effect of putting them in other people’s front yards due to the layout of the development there. Public Hearing Mr. Squires opened the public hearing. There was no one wishing to speak, and the hearing was closed. SEQR – Not needed – Type 2 – minor accessory structure on a single family lot ZBA 2024-04-23 (Filed 4/25) Pg. 6 Discussion/Determination The Board was concerned about the barrels and the agent responded that those could be removed. The Board felt that the sheds were screened by foliage and asked about who would see the sheds if they were moved to the rear yard. The Board discussed setbacks if the variance were to be granted, as no number has been requested since they are not permitted in the side yard. Ms. Magnuson noted that setbacks are generally 15’ feet and the sheds were discovered during an operating permit inspection. The Board was in favor of the request given the shielding and layout. ZBA Resolution ZBAA-24-5 Area Variance 517 Elm St Ext MDR, TP 29.-7-7 Resolved that this Board grants the appeal of Chris Oliver, owner of 517 Elm Street Extension, seeking relief from Town of Ithaca Code section 270-71 (Yard regulations) E. (2) (Accessory buildings) to have two accessory buildings remain in (east) side yard where they are only permitted in the rear yard, with the following Conditions Findings That the benefit to the applicant does outweigh any detriment to the health, safety, and welfare of the community, specifically 1. That the benefit that the applicant wishes to achieve can be achieved by other means feasible given that they can be moved to the rear yard, however, the current location is adequately screened by trees and shrubbery, and they would be more visible if moved to the rear yard, and 2. That there will not be an undesirable change in the neighborhood character or to nearby properties given that the sheds have been there for at least 10 years, and 3. That the request is substantial given that accessory buildings are not permitted in the side yard, and 4. The request will not have adverse physical or environmental effects as evidence by the fact that SQER is not required as this is Type 2, placement of a minor accessory structure on a single family residence, and 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 10, 2024 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 proposed Detached Garage located at 4 Schickel Road, Tax Parcel #36.-2-14, EZC Carolinas LLC, Owner; Mark Martinek, Applicant. Dear Ms. 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 Narrave for The Area Variance for the Storage Building at 4 Schickel Rd We are seeking the variance to be able to construct a 20x19 Detached Garage in the Backyard. The exisng home has no storage for lawn tools, lawn machinery, outside furniture, Trailer with ATV and UTV, Shop area etc. The home is built on a cement slab. (No Basement) The exisng aached garage is 22x20. It will ﬁt the 2 cars, but has no room for anything else. We would like to build the storage building to store Lawn Equipment and Tools, Outdoor Furniture, Atv’s, Have a Workshop and etc. Town of Ithaca 6/3/2024 ZBAA-24-17 Zoning Board of Appeals Area Variance Application Status: Active Submitted On: 5/23/2024 Primary Location 807 Elmira Rd Unit Richard Martinez & Rachel Rasmussen Ithaca, NY 14850 Owner Richard Martinez & Rachel Rasmussen Kinshasa Pl, Apt 157 2220 Dulles, VA 20178 Applicant Catharine Ryan 607-272-9226 cassie@carinaconstruction.com 730 Willow Avenue Ithaca, NY 14850 Internal Only-Review Tax Parcel No. 35.-1-12.5 Is Planning Dept. Approval Required? Yes Is Engineering Dept. Approval Required? Yes Is a GML-239 Review Required? Yes GML-239 Reason for Review* The right of way of any existing or proposed county or state road Type of Variance Area Variance Appearance Date for Variance 06/11/2024 ZBAA-24-17 about:srcdoc 1 of 8 6/3/2024, 11:39 AM Variance Code Language ZBAA-24-17 Appeal of Richard Mar�nez and Rachel Rasmussen, Owners of 807 Elmira Road, Ithaca NY, 14850; Gary Bush, Agent, are seeking relief from Town of Ithaca Code sec�on 270-219.5 (Stream setback) for a proposal to construct a building in the stream setback area. Town of Ithaca Code sec�on 270-219.5 requires building ac�vi�es to occur outside of the Stream Setback area, where a building and related construc�on ac�vi�es/ameni�es, or a por�on thereof, is proposed to be constructed and located in the Stream Setback area. The current property is located in the Low-Density Residen�al District Zone, Tax Parcel No. 35. -1-12.5 Variance Code Section 270-219.5 Internal Tasks to be Completed Meeting Result (First Appearance) – Materials For GML-239 Were Sent 05/21/2024 Deadline for Hearing Notice to Journal 05/30/2024 NOON Public Hearing Notice Was Sent 05/30/2024 Neighbor Notiﬁcation Letters Were Sent 06/03/2024 Date Sign Was Picked-up 05/28/2024 Material Packets Sent to ZBA Members 06/03/2024 Historical Only Address aﬃliated with request Status ZBAA-24-17 about:srcdoc 2 of 8 6/3/2024, 11:39 AM Applicant's Information Applicant is* Contractor Is the primary point of contact for application diﬀerent than the applicant?* 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* Stream Set Back Variance requested to build single family home on parcel located in low density residential zone. Required creek setback would result in no buildable area. 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 ZBAA-24-17 about:srcdoc 3 of 8 6/3/2024, 11:39 AM Reasons: The location of the proposed home will be adhering to the required front, side and rear yard setbacks. The proposed home will not be within 50' of the actual high water line of the creek. 2. Can the beneﬁt sought by the applicant be achieved by a feasible alternative to the variance?* No Reasons: There is no buildable area on this parcel without a stream setback variance. Proposed home is to be located as far away from the creek within the yard setbacks as possible. 3. Is the requested variance substantial?* Yes Reasons: The home-owner will not be able to build their home on this parcel with-out the variance. 4. Would the variance have an adverse impact on the physical or environmental conditions in the neighborhood?* No Reasons: The homeowner is building a single family home which is similiar to the surrounding area. ZBAA-24-17 about:srcdoc 4 of 8 6/3/2024, 11:39 AM 5. Is the alleged diﬃculty self-created?* No Reasons: The lot was created and sold to the land owner as a buildable lot in the low residential zone. The buildable area remaining without a variance is not enough area to build a home. 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* Catharine E. Ryan May 23, 2024 Meeting Date – 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 ZBAA-24-17 about:srcdoc 5 of 8 6/3/2024, 11:39 AM 1 Lori Kofoid From:Marty Moseley <MMoseley@townithacany.gov> Sent:Wednesday, May 22, 2024 9:26 AM To:matt carinaconstruction.com Cc:Gary Bush; Cassie Ryan; Dana Magnuson; Lori Kofoid Subject:RE: Martinez - 807 Elmira Road - Creek Setback Request Narrative Follow Up Flag:Follow up Flag Status:Flagged To all, Based on building permit application # BLD-24-57 it appears that there will be development in the 50’ stream setback are, as measured from the “bank full” portion of the stream. At this point in time, we cannot issue a building permit unless a variance is grated in accordance with section 270-219 I of Town of Ithaca Code. Please use this email as a denial in the event that you wish to proceed with a stream setback variance. Thank you, Marty Moseley Director of Code Enforcement Town of Ithaca 215 N Tioga Street Ithaca, New York 14850 P: 607-273-1783 F: 607-273-1704 www.townithacany.gov Please note that my email address has changed to mmoseley@townithacany.gov 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. From: matt carinaconstruction.com <matt@carinaconstruction.com> Sent: Wednesday, May 22, 2024 9:03 AM To: Marty Moseley <MMoseley@townithacany.gov> Cc: Gary Bush <gbush@specconsulting.com>; Cassie Ryan <cassie@carinaconstruction.com>; Dana Magnuson <DMagnuson@townithacany.gov>; Lori Kofoid <LKofoid@townithacany.gov> Subject: Re: Martinez - 807 Elmira Road - Creek Setback Request Narrative **WARNING** This email comes from an outside source. Please verify the from address, any URL links, and/or attachments. Any questions please contact the IT department §270-219.5.Stream setback.[Added 5-7-2012 by L.L. No. 8-2012] Findings.The Town Board of the Town of Ithaca finds that steady population growth and land disturbance in the Town have resulted in the continual loss of much of its natural riparian (streamside)vegetation.Properly vegetated riparian areas provide numerous benefits, including: Riparian vegetation lessens the severity of stream bank erosion because the deep and extensive root systems of the vegetation hold soil in place; (1) The soil-root complex of the vegetation filters and absorbs various chemicals and particulates,keeping them out of streams; (2) At times of heavy rain or flooding,vegetation slows water runoff velocity to maintain the streambed and stream bank and lessens the effects of flooding; (3) By slowing runoff velocity,riparian vegetation allows recharging of the groundwater; (4) By reducing the amount of particulates and chemicals in streams that enter Cayuga Lake,vegetated riparian areas are a cost-effective way to maintain the quality of this important drinking water source for the Town; (5) Undisturbed riparian areas provide the space needed to accommodate the natural meandering of stream channels; (6) Vegetated riparian areas provide important habitat for birds and other wildlife and they improve the environment for aquatic species by stabilizing water temperatures and reducing levels of sediment and pollutants.These benefits are better realized if nonnative invasive plant species are not present,as these plants tend to crowd out native plant species,eliminating plant diversity and providing less food, cover,and shade for those fish and wildlife species that depend on vegetated riparian areas; and (7) Vegetated riparian areas enhance the natural beauty of streams and preserve scenic values and recreational opportunities. (8) A. Purpose and objectives.The purpose of this section is to promote the public health,safety and general welfare by establishing B. :1 requirements for stream setbacks to protect streams,other water resources,property,and riparian ecosystems within the jurisdiction of the Town of Ithaca.The objectives of this section are to: Regulate activities that harm streams and native riparian vegetation,so that the benefits provided by such vegetation are not lost; (1) Reduce the amount of sediment,organic matter,pesticides, and pollutants entering streams; (2) Protect public and private property from losses due to flood damage and erosion; (3) Ensure land use proposals are compatible with the above purposes and specify land use in areas where standard zoning practices are not adequate; (4) Allow reasonable use of land that is consistent with responsible land management and that will conserve and protect streams,riparian,vegetation,and streamside wetlands to the extent practicable; (5) Recognize the legitimate interests of landowners to make reasonable use of water resources,and otherwise engage in the use of land for certain agricultural activities; (6) Minimize expenditure of public money to reduce stream erosion and siltation; and (7) Protect the right of the public to full enjoyment of the recreational opportunities offered by the Town's streams and by Cayuga Lake. (8) Applicability. The requirements in this §270-219.5 apply in all zoning districts in the Town.To the extent they impose more restrictive requirements than those in the underlying districts, the requirements of this section apply. (1) This section shall apply as follows: For parcels that are 0.5 acre or less as of the effective date of this section and contain a stream (or portion thereof)described in Subsection D(1)below,the provisions in §270-219.5(D)(1),(4),(5),and (12)through (15), E(13)(a) and (b), H and I shall apply. (a) (2) C. §270-219.5 §270-219.5 :2 For parcels that are greater than 0.5 acre as of the effective date of this section and contain at least a portion of a stream setback described in Subsection D below,all of the provisions in §270-219.5 except §270-219.5(D)(12) shall apply. (b) Stream setback standards. Stream setbacks are required for those portions of streams that have upstream drainage areas equal to,or greater than, 35 acres.Streams covered by this section are shown on the Stream Setback Map,copies of which are available for inspection or by distribution to the public at Town offices and on the Town's website.The size of stream drainage areas is determined by the Town of Ithaca's Geographical Information System (GIS). (1) The required setback width at any point along a stream is determined by the size of the upstream drainage area,the slope of the land adjacent to the stream,and the existence of any streamside wetland. (2) The setback shall be composed of two distinct zones. Specified activities listed in Subsections E and F are prohibited as described in those subsections. (3) Streams covered by this section,with their corresponding setback widths based on drainage area,are found on the Stream Setback Map. (4) Notwithstanding any other provisions in this subsection,if a road shown on the Official Map of the Town is located within a stream setback,the setback shall extend from the stream to the edge of the road right-of-way or to the deeded road property line and not continue over or past the road right-of- way or deeded road property line, as applicable. (5) Definitions and purposes of Stream Setback Zones 1 and 2 (see Figures 1a and 1b in Appendix A1). Stream Setback Zone 1 is the streamside zone. The streamside zone is intended to protect the physical and ecological integrity of the stream. [1] (a) (6) D. 1.Editor's Note: Appendix A is included at the end of this chapter. §270-219.5 §270-219.5 :3 To assure proper functioning of this zone,vegetation must remain undisturbed as described in Subsection F. [2] For streams with upstream drainage areas less than 175 acres,this zone will begin at the stream center line.For streams with upstream drainage areas of 175 or more acres,this zone will begin at the edge of a defined watercourse at the bankfull flow or level mark.(See Appendix A,Figure 2,for a bankfull depth illustration.2)For all streams,this zone will be measured horizontally landward,along lines perpendicular to the stream bank or stream center line at the relevant starting points,the required distance as determined by drainage area,presence of streamside wetlands,and slope,to the beginning of Stream Setback Zone 2. [3] For streams with upstream drainage areas of 175 or more acres,certain prohibitions apply to the stream as well as to Stream Setback Zone 1.See Subsection F below. [4] Stream Setback Zone 2 is the outer setback zone. The outer zone is intended to prevent encroachment into the streamside zone,and to provide distance between certain developments/activities and the streamside zone. [1] Vegetation in this zone may vary,but planting of nonnative invasive species is not allowed. [2] The outer zone will be measured perpendicularly from the outer edge of Stream Setback Zone 1 and extend horizontally the remaining distance of the setback as required by drainage area,presence of streamside wetlands, and slope. [3] (b) Required minimum stream setback widths based on drainage area are shown in Table 1.For streams with upstream drainage areas less than 175 acres,this setback measurement will begin at the stream center line.For streams with upstream drainage areas of 175 or more acres, the setback measurement will begin at the edge of a defined (7) 2.Editor's Note: Appendix A is included at the end of this chapter. §270-219.5 §270-219.5 :4 watercourse at the bankfull flow or level mark.For all streams,the setback will be measured horizontally landward, along lines perpendicular to the stream bank or stream center line at the relevant starting points,the specified distance required by the drainage area. Table 1 Minimum Stream Setback Widths (Feet) Drainage Area (acres) Setback Zone 1 Setback Zone 2 Total Setback Width >35 acres and less than 175 acres 20 15 35 >175 acres and less than 1,500 acres 30 20 50 >1,500 acres 50 50 100 Where a property has overlapping setbacks because of the proximity of more than one stream,the more restrictive measures shall apply in the area of overlap (for example,if part of a property is in Zone 1 for one stream,and some of Zone 1 overlaps with Zone 2 for another stream,the Zone 1 requirements shall apply in the area of overlap). (8) If there are no slopes of 25%or greater and no streamside wetlands present within the setbacks required by Table 1, then the total setback width will be determined on the basis of drainage area alone as indicated on Table 1. (9) Setback width adjustment when streamside wetlands exist: Where streamside wetlands are identified within a stream setback,the streamside wetland is not counted towards the required setback width.In these cases,it will be necessary to extend the setback width beyond that required by Subsection D(7)to make up for the amount of land excluded due to the existence of streamside wetlands (see Appendix A,Figure 33).The adjustment in width of the stream setback shall apply only to the areas on the parcel where streamside wetlands are located. (a) (10) 3.Editor's Note: Appendix A is included at the end of this chapter. §270-219.5 §270-219.5 :5 Setbacks required by this section may coincide with,and are to be located and measured without regard to the presence or absence of,wetland buffers required by federal,state or local law or regulations,including buffers required by the New York State Environmental Conservation Law. (b) Unless the property owner and Town agree on the streamside wetland delineation,streamside wetlands shall be delineated by a qualified professional under guidelines established by the United States Army Corps of Engineers and New York State Department of Environmental Conservation.Delineation is required under this Subsection D(10)for streamside wetlands that have been previously identified as well as for the areas where streamside wetlands may exist due to the presence of hydric soils or wetland plant indicators. (c) Setback width adjustments for steep slopes of 25%(with a run of four feet for every foot of rise) or greater. Where steep slopes (25%or greater)are identified within Stream Setback Zone 1 (as extended,if necessary,due to the presence of streamside wetlands),that portion of the land containing the steep slopes within Setback Zone 1 shall not be counted towards the required setback width.In these cases it will be necessary to extend the setback width in Setback Zone 1 beyond that required by Subsection D(7)and D(10)to make up for the amount of land excluded due to the existence of the steep slopes. Notwithstanding the foregoing,the adjusted width in Setback Zone 1 due to steep slopes shall in no case exceed two times the required minimum stream setback width specified under Setback Zone 1 in Table 1.The adjustment in width of the stream setback due to steep slopes shall apply only to the areas on the parcel where steep slopes exist.Setback widths for Zone 2 will remain the same as specified in Table 1.(See Appendix A,Figure 4.4) (a) Steep slopes of 25%or greater shall be determined by using one of the following resources or methods,as appropriate: (b) (11) 4.Editor's Note: Appendix A is included at the end of this chapter. §270-219.5 §270-219.5 :6 On-site measurement of slopes by registered professional engineers,surveyors,or landscape architects, using accepted engineering practices; [1] Use of two-foot topographic data created with the use of Light Detection and Ranging (LIDAR)-derived information; [2] United States Geological Survey 7.5-minute quadrangles; or [3] Other resources or methods that Town staff determine are of similar or greater accuracy than those listed above. [4] For parcels that are 0.5 acre or less as of the effective date of this section and contain a stream (or portion thereof) described in Subsection D(1)above: Except as concerns the application of herbicides and pesticides,the required setback width is 15 feet regardless of drainage area size,and no setback width adjustments are required for streamside wetlands or steep slopes of 25%or greater.With regard to the application of herbicides and pesticides,the required setback width is 35 feet regardless of drainage area size, and no setback width adjustments are required for streamside wetlands or steep slopes of 25%or greater. Within the thirty-five-foot setback,the application of herbicides and pesticides is prohibited,except as allowed under §270-219.5E(13)(a)and (b); (a) For streams with upstream drainage areas less than 175 acres,the setback measurement will begin at the stream center line.For streams with upstream drainage areas of 175 or more acres,the setback measurement will begin at the edge of a defined watercourse at the bankfull flow or level mark.For all streams,the setback will be measured horizontally landward,along lines perpendicular to the stream bank or stream center line; (b) The only prohibition within the fifteen-foot setback (in addition to that applicable to the application of herbicides and pesticides as described above)is on the construction of new buildings.This prohibition does not apply to maintenance or repair of buildings.The replacement, renovation or restoration of buildings that exist within (c) (12) §270-219.5 §270-219.5 :7 the setback as of the effective date of this section is also permitted,provided that the following conditions are met: The new structure's footprint within the setback is in the same location and has the same or smaller dimensions as the replaced,renovated or restored structure's footprint; and [1] None of the dimensions of the portions of the structure located within the setback increase in size. [2] An applicant will be responsible for delineating and identifying the stream setback zones on all subdivision applications.In addition,an applicant will be responsible for delineating and identifying the stream setback zones on all site plan applications,special permit,special approval and variance applications,building permit applications,and excavation or fill permit applications,except if the project limits (which term includes any soil-disturbing activity, staging,or other development-related activity)are more than 150 feet from the outer edge of Zone 2,including adjustments for slopes and wetlands.This delineation shall be done at the time of submission of any application.This delineation shall be subject to review and approval by the appropriate board or officer. (13) The Planning Board shall require the delineation and identification of any stream setback zones on all subdivision plats and site plans for properties to which this §270-219.5 applies.The Planning Board and Zoning Board of Appeals shall reference any stream setback zones in any special permits,special approvals or variances they grant.The Planning Board and Zoning Board of Appeals may require stream setback zone restrictions to be incorporated into the deeds for properties that contain such setbacks. (14) The Planning Board,Zoning Board of Appeals,Public Works staff,or Code Enforcement staff may require,prior to any soil- disturbing activity,that the stream setback zones be clearly delineated with construction fencing,staking,or other suitable material by the applicant on site,and such delineation be maintained in an undisturbed state,until Public Works or Code Enforcement staff determine that soil- disturbing activities are completed within and adjacent to the stream setback zones. (15) §270-219.5 §270-219.5 :8 Through the subdivision,site plan review,special permit, special approval and variance processes,the Planning Board and Zoning Board of Appeals may require stream setbacks for streams with upstream drainage areas less than 35 acres where environmental conditions warrant the establishment of such setbacks.Such environmental conditions may include, for example,anticipated development impacts on wetlands or vernal pools,or stormwater management,flooding or pollution problems that the proposed development is anticipated to create.Where the Planning Board or Zoning Board of Appeals requires stream setbacks pursuant to this subsection,the size of the setbacks shall be no larger than that specified in Subsection D(7)above for drainage areas from 35 to less than 175 acres,and the prohibited uses in Setback Zones 1 and 2 shall not be any more restrictive than the prohibitions for the respective zones pursuant to Subsections E and F below. (16) Prohibited activities in Stream Setback Zone 2.Unless otherwise permitted by Subsection H,the following structures and uses are prohibited in Stream Setback Zone 2: The construction,installation or erection of buildings or other structures on or after the effective date of this section,except fences and walls that are in compliance with the requirements in §270-223.This prohibition does not apply to maintenance or repair of buildings or other structures; (1) The construction or installation of parking lots,parking spaces,or impervious surfaces on or after the effective date of this section,including impervious terraces,steps,unroofed porches and other similar features regardless of their height and regardless of §270-223.1; (2) Replacement,renovation or restoration of any structure, unless all of the following conditions are met: The new structure's footprint within the setback zone is in the same location and has the same or smaller dimensions as the replaced,renovated or restored structure's footprint; and (a) None of the dimensions of the portions of the structure located within the setback zone increases in size; (b) (3) Agricultural activities that begin on or after the effective date of this section,and agricultural activities beginning before (4) E. §270-219.5 §270-219.5 :9 and existing as of the effective date of this section that thereafter cease for a period of more than one year (or the land thereafter lays fallow for a period of more than five consecutive years,in the case of land used for agricultural activity that is lying fallow).Notwithstanding the foregoing, the following agricultural activities are permitted regardless of when they begin or if they cease for more than a year and thereafter begin again: Grazing of livestock,where livestock are allowed by this chapter,in accordance with a conservation plan approved by the Tompkins County Soil and Water Conservation District; and (a) Haying,and growing of crops for commercial, educational, research or other purposes; (b) Land-disturbing activities that begin on or after the effective date of this section,and land-disturbing activities beginning before and existing as of the effective date of this section that thereafter cease for a period of more than one year. Notwithstanding the foregoing,the following land-disturbing activities are permitted regardless of when they begin or if they cease for more than a year and thereafter begin again: Mowing and maintenance of lawns and sports fields, landscaping,and gardening,provided that for activities beginning on or after the effective date of this section, nonnative invasive species are not planted and such activities do not harm the riparian area; (a) Construction of stormwater ponds and wetlands;(b) Demolition of structures;(c) Emergency slope stabilization; and(d) Nonemergency slope stabilization and restoration, provided that: The property owner consults with either a qualified professional engineer or the Tompkins County Soil and Water Conservation District about the stabilization project; [1] The Town approves the relevant stormwater pollution prevention plan (SWPPP)required by Chapter 228,or [2] (e) (5) §270-219.5 §270-219.5 :10 a simple erosion and sedimentation control plan if no SWPPP is required by Chapter 228; The property owner complies with the requirements of Chapter 157,Flood Damage Prevention,if the project takes place in an area of special flood hazard; and [3] The property owner complies with the applicable requirements of §270-217 regarding the deposit or removal of fill or related products; [4] Motorized recreational activities, except for: Use of motorized golf carts on golf courses existing as of the effective date of this section; and (a) Use of motorized wheelchairs and scooters for the mobility-impaired; (b) (6) Shelters and blinds associated with hunting,recreational, educational and agricultural activities that are erected on or after the effective date of this section,except for temporary blinds that are in place for a period of no more than 180 days within a twelve-month period on any parcel; (7) Installation of utility lines and connections,such as water, sewer,electric,gas,telephone and cable lines and connections,on or after the effective date of this section, except the following shall be allowed: Installation of water wells and connections;(a) Utility lines and connections for one-family and two- family dwellings; (b) For uses and structures other than one-family and two- family dwellings,the installation of utility lines and connections is permitted only upon receipt of a special permit for same from the Planning Board in accordance with the procedures set forth in this chapter; and (c) Repair and replacement of utility lines and connections;(d) (8) Tree cutting and disturbance of vegetation, except for: Selection tree cutting that maintains the protective function of the setback zone; (a) Disturbance of existing vegetation to:(b) (9) §270-219.5 §270-219.5 :11 Remove diseased,damaged or dead trees or shrubs or nonnative invasive vegetation; [1] Remove vegetation in a proactive effort to minimize the spread of disease; or [2] Remove vegetation that presents safety or health hazards; [3] Pruning of trees and vegetation;(c) Restoration of riparian habitat and native vegetation;and(d) Development of a narrow permeable (nonpaved)footpath within the stream setback; (e) Deicing of impervious and pervious surfaces,if more than the minimal amount of deicing material necessary to maintain vehicular and pedestrian safety is applied to the surface; (10) Dumping or disposal of snow or ice collected from roadways or parking lots located wholly outside a stream setback zone; (11) Installation of outlets from stormwater management practices and footer drains on or after the effective date of this section,except where sheet flow or infiltration is not practical and areas disturbed by such outlets are revegetated; (12) Application of herbicides,pesticides,fertilizers or other chemicals, except the following applications are allowed: The selective application of herbicides to control nonnative invasive species,and the selective application of pesticides to protect native plant species; and (a) Application of herbicides,pesticides,fertilizers or other chemicals for the protection of human or animal safety, or for agricultural purposes for farms,in accordance with product label instructions and pursuant to applicable New York State laws and regulations; (b) (13) Mining or removal of soil,sand and gravel,and quarrying of raw materials,except where the New York State Department of Environmental Conservation has issued a permit expressly allowing such activities on the parcel; (14) Outdoor waste storage and outdoor deposition of waste, including but not limited to garbage,refuse,recyclable (15) §270-219.5 §270-219.5 :12 materials,tires,rubble,discarded motor vehicles,discarded appliances and other bulk items, except: Ordinary household trash temporarily stored in a covered garbage can; (a) Ordinary household recyclables set out at curbside for pickup; and (b) Composting of residential materials.(c) Outdoor storage or disposal of hazardous or noxious materials; (16) Storage or disposal of manure;(17) Installation of septic tanks or septic drain fields on or after the effective date of this section. (18) Prohibited activities in Stream Setback Zone 1 and streams. Unless otherwise permitted by Subsection H,the following structures and uses are prohibited in Stream Setback Zone 1 and in streams: All uses and activities prohibited by Subsection E above;(1) Mowing and maintenance of lawns and sports fields, landscaping and gardening,where such activity begins on or after the effective date of this section,or such activity begins before and exists as of the effective date of this section and thereafter ceases for a period of more than one year; (2) Grazing of livestock,where grazing begins on or after the effective date of this section,or grazing begins before and exists as of the effective date of this section and thereafter ceases for a period of more than one year; (3) Composting of residential materials,unless they are contained in such a way that does not allow leaching; (4) Construction of stormwater ponds and wetlands;(5) Installation of water wells and connections;(6) Haying,and growing of crops for any purpose,where such activity begins on or after the effective date of this section,or such activity begins before and exists as of the effective date of this section and thereafter ceases for a period of more than one year; (7) F. §270-219.5 §270-219.5 :13 Dredging,deepening,widening,straightening or any such alteration of the beds and banks of natural streams,except where: The New York State Department of Environmental Conservation has issued a permit expressly allowing such activities on the parcel; or (a) Dredging is performed to maintain dam safety or operational effectiveness; (b) (8) Stream bank stabilization,unless all of the following conditions are met: The property owner consults with either a qualified professional engineer or the Tompkins County Soil and Water Conservation District about the stabilization project; (a) The Town approves the relevant stormwater pollution prevention plan (SWPPP)required by Chapter 228,or a simple erosion and sedimentation control plan if no SWPPP is required by Chapter 228; (b) The property owner complies with the requirements of Chapter 157,Flood Damage Prevention,if the project takes place in an area of special flood hazard; and (c) The property owner complies with the applicable requirements of §270-217 regarding the deposit or removal of fill or related products; (d) (9) Construction of the following types of crossings on or after the effective date of this section: Crossings of streams through the stream setback by driveways,roadways,vehicles,pathways,bridges,storm sewers,sewer and/or water lines,and other utility lines, except for crossings that are built substantially perpendicular to stream flow,are designed to minimize downstream siltation and negative impacts to the stream and setback zones,and,in the case of utility line crossings,the utility lines are otherwise permitted by Subsections E(8)and F(1); (a) Livestock stream crossings,except for crossings that are constructed and maintained to minimize negative impacts to the stream and setback zones with fencing (b) (10) §270-219.5 §270-219.5 :14 substantially perpendicular and through the setback to direct animal movement. Prior nonconforming uses and activities.The provisions of §270-204 relating to nonconforming uses of land shall not apply to uses and activities prohibited by Subsections E and F above. G. Transition provisions. The prohibitions in Subsections D(12),E and F above against construction of new buildings and structures in setback zones shall not apply to the following buildings and structures: For buildings and structures that require site plan approval,subdivision approval,special approval,and/or special permit,the prohibitions shall not apply if completed applications for all necessary approvals for site plan,subdivision,special approval,and special permit have been submitted before the effective date of this section,provided such applications are thereafter diligently prosecuted to completion; and (a) For buildings and structures that do not require site plan approval,subdivision approval,special approval,or special permit,the prohibitions shall not apply if all necessary building permits and fill permits have been issued before the effective date of this section. (b) (1) For the purposes of this section only,an application shall be deemed "completed"if it contains all required information, materials,initial SEQR forms and fees normally and reasonably required by the appropriate Town official(s)(e.g., Director of Planning with respect to subdivision,special permit,and site plan approval applications,and the Director of Code Enforcement with respect to special approval applications)to commence the review process by the appropriate Town board.An application shall be deemed "diligently prosecuted to conclusion"if the applicant promptly responds to any inquiries and promptly supplies any additional information reasonably required by the reviewing Town officials and/or boards,appears at all required scheduled public hearings,and otherwise cooperates so as to permit and enable the appropriate Town boards to adequately and completely review the application and render a decision on same within a reasonable period of time of its submission, and in any event within 12 months of its submission. (2) H. §270-219.5 §270-219.5 :15 Variances.The Zoning Board of Appeals may grant variances from the requirements of this section pursuant to §270-235 of this chapter.A variance from the requirements of this section is an area variance,provided any use proposed to be located within the stream setback is a permitted use in the relevant zoning district.In addition to the items required by the Town for all variance applications,the applicant shall provide a proposed mitigation plan that offsets the effects of the proposed encroachment into the stream setback,if such a plan is possible for the parcel that is the subject of the variance application. Where a Planning Board approval (such as site plan,subdivision or special permit approval)is also sought pursuant to the provisions of this chapter,the Planning Board shall make a recommendation to the Zoning Board of Appeals on any proposed mitigation plan that is submitted to the Zoning Board of Appeals in connection with a variance application.Failure of the Planning Board to make a recommendation before the Zoning Board of Appeals must act as required by law shall not preclude action by the Zoning Board of Appeals nor otherwise affect the validity of any actions taken by the Zoning Board of Appeals. I. §270-219.5 §270-219.5 :16 1 Lori Kofoid From:Gary Bush <gbush@specconsulting.com> Sent:Tuesday, June 11, 2024 3:38 PM To:Marty Moseley; Dana Magnuson Cc:Catharine Ryan; Matt Haney; Lori Kofoid Subject:Martinez - 807 Elmira Road - Stream Setback Variance Narrative Attachments:Martinez - Route 13 Culvert.jpg; Martinez - 807 Elmira Road - w Creek Setbacks - 20240606 - PW.pdf **WARNING** This email comes from an outside source. Please verify the from address, any URL links, and/or attachments. Any questions please contact the IT department All, Please let this e-mail serve as the narrative for the Stream Setback Variance Request for the Martinez Project at 807 Elmira Road. I have attached a revised set of plans with two new sheets added - Sheets C6 and C7. These sheets show two different interpretations of the Stream Setback Law as it pertains to this project. Even with these two interpretations, I feel that the true interpretation would have the 'Bank Full" line being at the top of the steep banks (according to the definition of "Bank Full" provided within the text of the Stream Setback Law). Given that definition, however, based on the amount of water within this stream, the size of the culvert under Route 13 (Elmira Road), and the height of the steep banks, the only way for the water level within that ravine to reach a "Bank Full" elevation would be if the level of Cayuga Lake was flooded approximately 90' above flood stage. This would mean that all of Downtown Ithaca, including nearly all of the tallest buildings would be completely underwater. Therefore, a more realistic interpretation of the Stream Setback Law would be one of the two presented on Sheets C6 and C7 of the attached drawings. The bottom of the ravine is relatively flat, as can be seen from the Grading Plan on Sheet C4, being more than 40' wide at its widest. Within that flat area of the ravine bottom, the main streambed meanders through it roughly 6' wide and about 18" deep. There is vegetation along each side of the creek along the bottom of the ravine and up the steep sides. Given that the oval culvert under Route 13 is approximately 30" high and about 5' wide, the flow of water through this part of the creek is severely limited relative to the size of the ravine. See the attached picture of the culvert. This may have been designed that way on purpose to hold water back on the other side of the road to help with downstream flooding, but I am not certain of that. Regardless, the cross- sectional area of the culvert is not much greater than the cross-section of the streambed. Culvert area = ~ 13 SF and Streambed Cross-section = ~ 9 SF. Therefore, the level of the water above the bottom of the stream will not be much higher than the bottom of the ravine - just a few inches, given the width of the ravine bottom. We have prepared two different interpretations of the Stream Setbacks in the attached drawing set. 2 Sheet C6 assumes that the "Bank Full" elevation of the creek is the limit of the streambed, assumed to be 6' wide in the drawing. The Stream Setback Zone 1 is shown as 60' wide due to the steep slopes along the side of the ravine per the Stream Setback Law's definition of Zone 1 (shown as Zone A on the drawings). Zone 2 (shown as Zone B on the drawings) remains at 20' wide. Sheet C7 assumes that the "Bank Full" elevation is determined by roughly 2' water along the entire bottom of the ravine, sometimes more than 40' wide. This represents a VERY conservative maximum water level within the ravine, but still far below the top of the ravine banks. Again, Zone A (Zone 1) is shown as 60' wide and Zone B (Zone 2) remains at 20' wide. As you can see, Sheet C6 shows that all of the improvements are outside of these setbacks, although some excavation will be required to level the site for the driveway and sidewalk. Sheet C7 shows a similar situation, although some of the driveway and sidewalk are now shown within Zone A (Zone 1). Another aspect to consider is that all of the property South of the woodline has been kept mowed until recently (no mowing this Spring), and that is the plan for that same area after development. It will be planted to grass and kept mowed as part of the lawn for the new home. As part of the mitigation to any disturbance to Zone B (Zone 2), a silt fence is planned to be installed along the woodline for the duration of the project. Additionally, all of the property South of the silt fence is currently grass and will be returned to grass as part of the project. Given all of the above information, we respectfully request a Stream Setback Variance to allow the improvements to happen as designed, as there will be no adverse effects to the stream. Regards, Gary Gary R. Bush, PE, LEED AP - Licensed Professional Engineer - US Green Building Council LEED Accredited Professional SPEC Consulting 132 West Groton Road Groton, NY 13073 (607) 227-4886 gbush@specconsulting.com 0 to C, n1 > > e a N) I 00 0 C- - ii •i p r r f l 1: ; X4 _. _ : ;, —- • 1 - 1 ‘C ’ —L :- - * - ‘“ — 4 ! L i- ’ I 7 — 9:S Ca C.U, -D S 3 9 3 a &aa S aaa S I C,9C,a I,a 1 a S I a \ —e n 0< 0 0 Pr o j e c t Ma p s 0 a 0 0 M 0 0 a S 0 0 0 CC a a a IL S 0 2 C) C U,S Cr N)C N)a ‘C a C 3 a I a a 2 13 2 W Gr s i a n Rd Gr o a n , NY 3O 7 3 6D 7 . 2 2 T 43 3 6 gb u s h @ s p e c c o r , s u I b n g . c o r n Ne w Ho u s ?R O J E C T AD D R E S S ; 80 7 El m i r a Rd . Ma r t i n e z It h a c a , NY CL I E N T : 4 TYPICAL INSIDE DROP INOT TO VA LE 0•-6’ // Elevation i1ew Plan VIew 2 Silt Fence Delail 112”1-0” CO U,w — o z Ui—-—Sw cx o F—toon0-0= re 0 t-3 ‘I C 0or c-I en C> ‘-2I, —(3 DATE.517/2024 SCAlE:ASNOTED DRAWN By:DJK Wale’Meter IrstaliMlon dflhtx: An acceptthie and accessible meter seliNg must be Fro-eided with allowance to run seeM gauge wire to the exienor of One building for radiolNXU installation The trat inside value shall be a nets’stw tntmediatery tetore tile mater.Mother valve must be provided ynmedetely aftet the melee or pressure regulator A household pressure regulator is required.The meter must be approachable by a standing persor Meters shall nra be ouncealod behind wan panels.etc.unless accessible through a ringed sliding,or easily reniovable panel NOTE.Under stall Iccations ale usually nut acceptable.Stems or ledduns used to access tire meter must be slntdy end sate Meters nest he irrslatled horizontaty 2 to 4 fleet above the floor.Alt pit installations shaM be rise ot sloridingealer,accessible from ground level by Commission personnel,trnsl-prrmi,and vanda 1-proot (See SCLIWC RESIDENTIAL WATER METER PIT GUIDELINES AND REQUIREMENTS.pages 8.9.1 Weler lees shall be laid on and sutroi.mded aith 6 oF erase1 no grealer ttran 2’in Die.All peloats must be a minimum uN r below misfired grade When Melal Water Line pauses through ‘Aasonry Srmclureu a prolecm-re sleeve shall be added eslendmngamrnimum of Ir into the sell The sleese diameter must be at least Iwo stairdard pipe sizes latger lhsn the copper tubing Waler and Sewer shell have a mlrmrmum TB’uttset frum each other RycErumen a.,ed 5152844 tarEps / / a) (1) D 0 a)z I Zo —a to 02 I / / Notes: Ettend to surface with Screw-on cap -.-‘:-No 9cr Joints or fittings I say be used 45’V-Fitting -Sch 40 PVC Fieisgs I nlaybeu500aboeeY-/.Fist 4SDR-35 g I •‘>‘45 Elbow up In surface Typ.Cleanout Profile Detail 1/?=1-0” r)t Approximate Centerlete irA Suemni or ‘S / / 8 k’ ‘88. -‘a / / 12’s 16’Dcclv I 25’V a 4 House 0 / I 5; P lo 5 st5 $o .7 souo_ :. ---a2t49h12L’ Sewer Line -I. Co Ct .4-, a)a C Cu 0 a) (I) Overhead Electnc /- STAINLESS STEEL PIPE BRACKET DErAIL ryp.Sewer Manhole Connection Details 180_-0’ 2’x2’wood support stakes spaced @6’mae. Finer tabric fence Backfill Undisturbed ground Dig 8’Irench Bury belles’ flap ot fabric as shown and cnriipact backfill Bottom flap a--F’dler fabnc fence // Mau Wood slake n StIes Joining Fexrce Section Sewer Marhofe S // br JOB 24-020 SNEET. 02iSitePlan I”=40.0° Elevations: Rele’ence Elevations -472 0 At the edge of the Road Perpendicular from Southwest Properly Pin House Elevations: Finshod First Floor 477 6 T 0 Foundation Wall -476 r Basement Pb0,Elevation -468 8 8 0 Foundation Wall -468 C / I General Sewer Line Notes: -pipe shall be bedded is 6 of ht or #2 alone above and below the pipe. -Pipe stope shat be a minimum n hr per loot per building coda •Alt wont inside Manhole to be done by rown ol Ithaca Personnel sit Materials are to be provided by Contraclor I / I I / I RECEIVEO Lsu,o&d tfltate.4xveIPw I Overhead Electnc / I I / I I / a) In D 0 ci)z I / 1 Zc to 05 00 (0 Lii —•>- 022Lii---,Lii it o I—It0-coa=1% I / 4. 4. 4. ‘l ilt 4. ‘4.III 4. 4.I I!’ 4., I/I 4. I,1/ / / I: //‘“ 160 SF Sidewalk 23 - &lco Dots &Staits I // Usdeigiound Eteclric to House /-200 1 a - Clanrroat Hellirid Meter Pedestal b ‘u Electrical Meter &Pedestal Approximate Centerline of Stream I I /—— 1- / — ———I---—— F //Approtdmae Watethine / Existing Manhole ol Culvert -F Ttantilioet to 4 Sch 40 PVC I 0’ I Lot and Zoning Details Tax-in of Ithaca Zoeirg IRII Residertlial Zoning Dishiel House Setbacks-Front 30 Side 40 Rear 50 Muntcipat Sower and Waler friar building Height -36 leetertot grade) buitang Height Provided Aoproximaty 21 Minimum Let Area -30 000 SF Lot Nsa -63.052 SF Minimum Rood Frontage - Road Frontage -342 Max Lot Coverage -10% Lot Coverage Proposed -2 5% \ 4. 4. 4. .4 0 b 4. 4. 4, I Cteairout to be installed in basninoil wittin 30 I of Inside lace of toundabon wall / Silt terce lobe placed ahaigmonins edge +1-110 1’ I 15 -0 /&I I I I I I I ,1 I I I I I I4i [aisling Sewer Main \V Gulle,and Footer Drain to Dayfight i-I-60 I 4’SDR-3S ash Gasketed pnts. 200) /New dity End ot Guard Roil- Clearout at bend 50 Iron,manhole ziz I r />1: U) 4-’a)a a) 4-’ (I)I Cole Stop Moser Pit F I I 0 - StockPile /200- / iIIIIIlIilIi — 5. 30 a 30 Crane Pad 6b 1-InC Potyethytane Water Line Buried at 4 5 Mis. Property Line ___ ‘/. Site Details11s20.Di 50 SI-- to 0 sei tN5 ng C on vi mm 0> r2t DATE.51712024 SCALE AS NOTED DRAWN BY:DJK JOB 24-020 SHEET: 030102040’ ._J to dl p.o Lu at ot —o E2 iior.toat 0-= aIio/7 /7 /7 Reference Elevation 472 U At he edge ci Ire Rotc Pepe vltk-e’dr ftrom Snulhwesi Property Pin 4 /r Fnshed Filet Floor-477 6 Gqn•raI Sn.r tin.Not., Pipe shall be bedded In 6’ol l or 62 stone /above and belww the pipe -Pipe slope shaF be amn’rpum ol 11W per Io per bolding de -All work inside Manhole to be done by Town of tthac Personnel but Materials are to be provided by Costracto. Oveetlead Eleceic C --— LIRLCElvEO U) D 0 0z /1’7////f//7 Z /J )i/ / / ...bci. I --H I \\N’ 7:: /S N C Ct 0- C) C -C (U I 0 a a 1 -Grading Plan =2C-0 roe cs O’n 0 n Di Pr ices 0 0>- ro DATE 5/7/2024 SCALE ASNDIED DRAWN BY DJK JOS 24-020 SHEET C4010204080 13 2 W G, c i o n R d Gr o t o n , NY 13 0 7 3 60 7 2 2 7 48 8 6 gb L 2 S h @ s p a C C 0 f l S L ) I f l g co r n C CD N) z C a z C a,Cn 8 a C C a a 8 a,at 0)C C Ca C’ ,C C, (a ‘aC C)C Ca C <atC C) 01 r, , O >C; ; ; N) z oN) z 00 0 C— — 1” (0 )0 N)0 N) 3D Vi e w s PR O J E C T AD D R E S S : 80 7 El m i r a Rd . It h a c a , NY Ne w Ho u s e CL I E N T : Ma r t i n e z / I I 1-—- ZoneB RCcS,V!O La—ta I1M4.a—Il-n -- --t I I --S-- I ‘21- I /I” I t_.4.14’ I ‘C III II. .4 - ///7 ci?’.4 I ——.4 /V /7 I / /A7/••vs //Zone A I / I • •I I .fl,-77 - -/Apea’male We teil,i’e -- ___ Zone A T CenierotCtivetl - .4 a) U) D 0 a)z -I --I / —a 10 02 CO COw o z Lu—- —,CU ‘o 0 fla-= rr’J .1 ExIsting Manhole I •1 / x-7---/ xx4\H .N -,.1 / / / / I I / --b. 0-.1--. I—ci -F A •A --A / I I 0/ /j I Thew Ulihly Pcle *4 --I,S. / / / 0 / / / / I I Sit tence to be placed along wooDs eje +/-300’ I I 60 t/2•- F--- End c4 / 0, U) C) (‘3 .0 a) (I) a)a) I 0 r C 0 4- a Ia) 4-’ C •A F ZoneB A A —A —— —iBOSFSidewaik 4- - o I a.- 2 •Sttk Pile Iv’/20- /20-0’ — ——1-n A—> -a a— s x CopperPipe “ •l-W_ •---——44I.1t2 ••- 0 1’ 3-a- IS- 00 10 0 09 nlaa I— C n 0) 30’a 30 Crane Pal 50-- I I I I I -I I I I -Pmy Line I - ________ ——— ————————————--————— ——————-‘-I ——— ________ —Creek Setbacks -Interpretation 1 -=20-0 5’I 0 n40 t3 DATE.616/2024 SCAlE:AS NOTED DRAWN BY:DJK JOB 24-020 SHEEt: 06t 0 10 20 40 5Q1 0 Co t 4_ - 0 . a — 6 4, 3 C CO O , 73 2 w Gr o t o n no 60 7 2 2 7 48 8 6 Gr z o Ni ’ 73 0 7 3 N 0 D CD Ne w Ho u s e CL I E N T : Ma r t i n e z \ H s. 2 1 I N. —‘4 Co 40 ’ - on .4 ’ I It It ft I ‘a S ItI U U 4 .7 L t I I’ 40 . 0 ’ I ‘F 4. - ’ . — 4. 6 ,t S. x / 0• 23 - 6’ N 0 CD 03 4.\% % .Y • - $4 . ” N’ . D ‘— - - CD 03 N 0 CD - 7 — C C- ) 7’ I’ I’ - * /7 ’ H ‘, . 4, , . - 4, . / / 6’ I 12 - Q / • •• %- • 7- 0 -6 9 1 ’ 46 8 - 7 -. — \• • 0 4, 3 C C C) — — — -a ’ — __ ‘I n nO <1 4 ’ -4 ’ - - I I — — —a - Cr e e k Se t b a c k s - In t e r p r e t a t i o n 2 PR O J E C T AD D R E S S 60 7 E1 m r a Rd . It h a c a , NY TOWN OF ITHACA PLANNING DEPARTMENT MEMORANDUM TO: Planning Board Members FROM: Christine Balestra, Planner DATE: July 10, 2018 RE: Consideration of Preliminary and Final Subdivision Approval – Elmira Road Please find materials related to the consideration of Preliminary and Final Subdivision Approval for the proposed 2-lot subdivision located between 721 and 817 Elmira Road (NYS Route 13), Town of Ithaca Tax Parcel No. 35.-1-12.4, Low Density Residential Zone. The proposal involves subdividing the vacant 4.9 +/- acre parcel into a 3.5 +/- acre parcel (Parcel A) and a 1.4 +/- acre parcel (Parcel B). This property received subdivision approval by the Planning Board in October 2017. The previous subdivision resulted in the creation of the current 4.9+/- acre parcel, along with a 1+/- acre parcel that contains the existing residence at 817 Elmira Road. The 4.9+/- acre parcel consists of a mix of open grassy areas, first succession woods, and some areas with mature vegetation. The property is bordered on the east by farm fields, on the south by the residence at 817 Elmira Road, on the west by Elmira Road/NYS Route 13, and on the north by the residence at 721 Elmira Road. Both of the proposed new parcels meet or exceed the dimensional requirements of the Town Code. The applicant has no plans other than to subdivide the 4.9+/- acre parcel and potentially sell one or both newly created parcels in the future. As noted in the attached environmental assessment, there is a stream that bisects both parcels; and the stream bank on Parcel B is very steep, exceeding 25% slope in several areas of the parcel. This stream is subject to the town’s Stream Setback Law, which contains restrictions and setbacks on development, soil disturbance, vegetation removal and other activities. According to the law, any permit applications for projects within 150 feet of the stream setback area will be required to provide a delineation of the stream setback zones . Planning staff recommends stating this as a note on the subdivision plat, so future property owners will be aware that a regulated stream exists on the property and that additional steps may be necessary to obtain a building permit for future development. This recommendation has been added to the attached draft resolution. Along with the application materials and environmental assessment attachments are an aerial location map and draft resolutions for the Board to consider. Please email me at cbalestra@town.ithaca.ny.us or call me at 273-1747 or if you have any questions prior to the meeting. Att. CC: Peter & Annie Straight ZBA: 807 Elmira Road is "Parcel B" - part of a 2018 subdivision approval by the Planning Board NOTES FOR FILE July 10, 2018: Like the last subdivision request on this property, Chris Balestra (planning staff) investigated how future driveway access might be achieved. Much of the property frontage along Elmira Road is steeply sloped with a guiderail extending 475+/- feet along the road to protect motorists. With the previous proposal, Chris contacted Eric Buck, resident engineer with local NYS DOT office, to discuss future access to Parcel A (also labeled Parcel A with the current proposal) and learned that the DOT would likely permit access along the north side of Parcel A, near the tree line. Chris called the NYS DOT again on 7/5/2018 to discuss potential future access to Parcel B on the current proposal. Eric reiterated that the DOT would not remove the guiderail to accommodate a driveway for Parcel B, but that the DOT also would not deny a permit for a driveway if there was room on a parcel to fit a driveway. Chris then checked with Bruce Bates, Director of Code Enforcement to see if something would need to be submitted from the DOT during the building permit process in terms of driveway approvals. Bruce stated that he needed to see where the proposed driveway would be before he could issue a 911 address and that PWD staff would need to see it as well to apply the town’s stormwater regulations. To show the driveway on building permit plans, the applicant or his/her agent would need to contact the DOT to get the driveway location approved. So the applicant would presumably supply Codes/PWD with plans that were approved by the DOT – it’s a standard procedure of the building permit process. So it would be redundant and unnecessary to add as a condition of planning board approval. i File date*—_,t 5l;;:2otj Initials: PB Resolution No.2018-024:Preliminary and Final Subdivision Approval Peter Straight 2-Lot Subdivision Elmira Road Tax Parcel No.35.4-12.4 Town of Ithaca Planning Board,July 1?,2018 Moved by John Beach;seconded by Fred Wilcox WHEREAS: This action is Consideration of Preliminary and Final Subdivision Approval for the proposed 2- lot subdivision located between 721 and 817 Elmira Road (NYS Route 13),Town of Ithaca Tax Parcel No.35-1-12.4 Low Density Residential Zone.The proposal involves subdividing the vacant 4.9 +/-acre parcel into a 3.5 +/acre parcel (Parcel A)and a 1.4 +7.acre parcel (Parcel B). Peter and Ann Marie Straight,Owners/Applicants; 2.This is an Unlisted Action for which the Town of Ithaca Planning Board,acting as lead agency with respect to Subdivision Approval,has on July 17,2018,made a negative determination of environmental significance,after having reviewed and accepted as adequate a Short Environmental Assessment Form Part 1,submitted by the applicant,and Parts 2 and 3 prepared by the Town Planning staff;and 3.The Planning Board,on July 17,2018,has reviewed and accepted as adequate a survey map entitled “Survey Map,No.817 Elmira Road,Town of Ithaca,Tompkins County,New York”, prepared hyT.G.Miller,P.C.,dated 5/30/2018,and other application materials; NOW THEREFORE BE IT RESOLVED: 1.That the Town of Ithaca Planning Board hereby waives certain requirements for Preliminary and Final Subdivision Approval,as shown on the Preliminary and Final Subdivision Checklists, having determined from the materials presented that such waiver will result in a significant alteration of neither the purpose of subdivision control nor the policies enunciated or implied by the Town Board;and 2.That the Planning Board hereby grants Preliminary and Final Subdivision Approval for the proposed subdivision located on Elmira Road,as shown on rhe survey map noted in Vhereas #3 above,subject to the following conditions: a.Revision of the final subdivision plat to include: i.The correct tax parcel number for the 4.9-’-/-acre property (35-1-12.4,not 35-1-12.2), ii.A note that states ‘the srream located on f’arcels A &B is subject to the provisions of the town of Ithaca’s Stream Setback Law.Restrictions and setbacks on development,soil disturbance,vegetation removal and other activities apply.Permit applications for projects within 150 feet of the stream setback area will he required to provide a delineation of setback zones”, iii.Delineation and identification of the stream setback zones,as required by Town Code §270-2 19.5.D(14);and b.Submission for signing by the Chairperson of the Planning Board of an original and three dark lined prints of the revised final subdivision plat,prior to filing with the Tompkins County Clerk Office,and submission of a copy of the receipt of filing to the Town of Ithaca Planning Department. Vote Ayes:Wilcox,Collins,Beach,Fogarty,Bosa]Hill Page 2 of 2 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 10, 2024 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 proposed stream setback variance located at 807 Elmira Road, Tax Parcel #35.-1-12.5, Richard Martinez & Rachel Rasmussen, Owner; Catharine Ryan - Carina Construction, Applicant. Dear Ms. 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 a significant county-wide or inter-community impact. Therefore, we recommend modification of the proposed action. If the decision-making body does not incorporate the recommended modification, such approval will require a vote of a majority plus one of all members of the decision-making body. Recommended Modification • We recommend that the Town require the applicant to locate the proposed new house in full compliance with the Town’s Stream Setback Local Law. The applicant’s proposal includes a driveway and construction of a house, both located within the stream setback required by the Town. We understand that any driveway access to the property would need to be located within the setback due to the configuration of the parcel. However, there appears to be adequate land area for a house to be wholly located outside the Town’s Stream Setback. This modification is recommended to preserve and protect water quality. 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 cc: Amanda Champion, Tompkins County Legislator, District 12 617.20 Appendix B RECEIVED Short Environmental Assessment Form JUN 1 1 2018 Instructions for Completing TOWN OP ITHACA 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 I 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 wbine Name of Action or Project: :;-tc*(a Project Location (describe,and atta location map 3S-\-\Th%’sA-hs %V}t-kuo 9SJ3 Brief Description of Proposed Action: -cS’.Ct\\.scs> Name of Applicant or Sponsor:Telephone:(c’ E-Mail:‘41 c, Address: \\\c&s-ta cisk City/PO:State:Zip Code: 4 \Jfl\R, 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance,NO YES 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.II no,continue to question 2. 2.Does the proposed action require a permit,approval or funding from any other governmental Agency?NO YES If Yes,list agency(s)name and permit or approval: 3.a.Total acrcagc of the site of the proposed action?4 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? 4.Check all land uses that occur on,adjoining and near thc proposed action. Urban .J Rural (non-agriculture)Industrial .CornmerciaI Residential (suburban) Forest -Agriculture DAquatic QOthcr (specify): t’Parkland Page 1 of 4 RESET 10.Will the proposed action connect to an existing public/private water supply?s.j.flaCoe.’4. p tCN If No,dcscribe method for providing potable water: 5.Is the proposed action,NO YES N/A a.A permitted use under the zoning regulations?(El ‘[El b.Consistent with the adopted comprehensive plan?D D 6.Is the proposed action consistent with the predominant character of the existing built or natural NO ‘ES landscape?D I 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:D S.a.\ViII 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 pro osed action? L<c\lcA (d4.4 c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action’?L1n9.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:ED NO D YES 1 1 Will the proposed action connect to existing wastewater utilities?:,.o,,4 P YES If No,describe method for providing wastewater treatment:)..)/D 12.a.Does the site contain a structure that is listed on either the State or National Regisler of Historic NO YES Places?IEIb.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? .D IXi b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? “DIfYes,identi’the wetland or waterbody and extent of alterations in square feet or acres: 14.Identify the typical habitat types that occur on.or are likely to be found on the project site.Check alL that appLy: C Shoreline Forest C Agricultural/grasslands .Early mid-successional Q Wetland Q Urban Suburban - 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?LI 16.Is the project site located in the 100 year flood plain?NO \JS iM 17.Will the proposed netion create storm water discharge,either from point or non-point sources?NO YES If Yes, a.Will storm water discharges flow to adjacent properties?Li NO DYES LI b.Will storm water discharges be directed to established conveyance systcms (runoff and storm drains)? If Yes,briefly describe:ENO flYES Tmç Q\s’t) flt co\4tç9c Page 2 of 4 I RESET I 18.Does the proposed action include construction or other activities that result in the impoundment of [jjçJ YES water or other liquids (e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: D 19.Has the site of the proposed action or an adjoining prope’been the location ofan active or closed ]_NO YES solid waste management facibty? If Yes,describe:g jj 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:LI I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant!sDonsor Cç\.q4ç Date:S’34à \t Signature:A Agency Use Only Ilfapplicablel Projcct:jStraight Addi 2-lot Subdivision Date:I1Y 17,2018 I Short Environmental Assessment Form Part 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 small to large impact impact may may occur occur 1.Will the proposed action create a niatenal conflict v.ith an adopted land use plan or zoning regulations?V 2.Will the proposed action result in a change in the use or intensity of use of land’?D 3.Will the proposed action impair the character or quality of the existing community?ij LI 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 infrastructure for mass transit.biking or walkway? 6.Will the proposed action cause an increase in the use of energy and it fails to incorporate Vreasonablyavailableenergyconservationorrenewableenergyopportunities? 7.Will the proposed action impact existing:LIa.public /private water supplies’? b.public /private wastewater treatment utilities?LI 8.Will the proposed action impair the character or quality of important historic,archaeological,Varchitecturaloraestheticresources’? 9.Will the proposed action result in an adverse change lo natural resources (e.g..wetlands, walerbodies,groundwater,air quality,flora and fauna)? 10.Will the proposed action result in an increase in the potential for erosion,flooding or drainage LIproblems? I I.Will the proposed action create a hazard to environmental resources or human health?LI Page 1 of2 Agency Use Only [If applicable] Project:Istraight Add’I 2-lot Subdivision Date:Ju1y 17,2018 Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered “moderate 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,in sufficient detail,identi’the impact,including any measuies or design elements that have been included by the 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 magnitude.Also consider the potential for short term,long-term and cumulative impacts. The proposed action involves subdividing a 4.9+1-acre vacant property located between 721 and 817 Elmira Road (NYS Route 13),into a 3.5 ÷1-acre parcel (Parcel A)and a 1.4 ÷1-acre parcel (Parcel 8).Both parcels comply with the dimensional requirements of the Low Density Residential Zone in the Town Code. The property consists of a mix of first succession and mature woods,small lawn areas,and a large stream with significant slopes along the stream bank located on Parcel B.The property is bordered on the north by the residence at 721 Elmira Road,on the east by farm fields,on the south by the residence at 817 Elmira Road,and on the aef’th by Elmira RoadINYS Route 13.te6i1,i/4j A large portion of the property is located within the Cayuga Inlet Unique Natural Area (UNA-147),likely included because of the continuous wooded riparian area that adjoins a larger UNA area.The current property owner has no plans beyond subdividing the property,however aw to the town’s Stream Setback Law,which requires delineation of the stream and setbacks from the bank full flo\v mark of the stream,with additional buffers along any area with 25%or more slope.‘.fte?tl ott Pr 7)l7) Regarding Part 1,question 12b:According to the NYS Office of Parks,Recreation and Historic Preservation Cultural Resources Information System program,the property is located in an area that could be archaeologically sensitive. However,per Cornell University’s Digital Library database of aerial photos,the property has been farmed in the past (based on 1964 aerials),so it is presumed that any archaeological resources would have been discovered with prior disturbances. Regarding Part 1,question 13a:There are no wetlands,slopes or known threatened or endangered plant or animal species on the property that would be impacted by the proposed subdivision.The stream that bisects both parcels is part of UNA-147 and will be unaffected by the subdivision.However,any future development on either parcel will be subject to the town’s Stream Setback Law. D Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check 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. Town of Ithaca Planning Board 7/17/26/a Name of Eead Agency Date Fred Wilcox Chairman Print orTy ame of Res onsi e ficer in L.ead Agency Title of Res onsible Officer4a’7izn______ Signature of Responsible Offi r in Jead Agency Responsible Officer) Page 2 of2 EAF Mapper Summary Report Part 1 /Question 7 [Critical Environmental Area] Part I /Question 12a [National Register of Historic Places] Part 1 I Question 1 2b [Archeological Sites] Part 1 /Question 1 3a [Wetlands or Other Regulated Waterbodies] Part 1 /Question 15 [Threatened or Endangered Animal] Part I/Question 16 [100 Year Flood Plain] Part 1/Question 20 [Rernediation Site] No No Yes Tuesday,October 03,2017 10:57 AM Yes -Digital mapping information on local and federal wetlands and waterbodies is known to be incomplete.Refer to EAF Workbook. No Digital mapping data are not available or are incomplete.Refer to EAF Workbook. No Disclaimer;The EAF Mapper is a screening tool intended to assist proiect sponsors and reviewing agencies in preparing art environmental assessment form tEAF).Not alt questions asked in the EAF are answered by the EAF Mapper Additional information on any EAF question can be obtained by consuhing the EAF Worlbcoks.Although the EAF Mapper provides the most up-to-date dgital data available to DEc.you may also need to contact local or other data soarces in order to obtain data no;provided by the Mapper.Digital data is no,a subst:tute for agency determinations. a OtIayia .!Monteal ‘1 I Toronto 0 Wt-0P.Oter :pDtrott -%.‘Cteelmd5oa,;Esri.HERE,Delotrre,USC-S. kit&map,P4CREMEIIT P FiRCan,Esri Japan,MEfl.Esri China tHong Kong),Esri Korna,Eari Thaitandi,Mapmylndie.146CC. COp-eSfreetMap ntributas,and theSIS Usa Community Jbany Pittthurgh CoI.,pbus cm nati P resIdence DeL,iIe4flt25.Inter map. INCEMENT P.NRCan,Esli waPnJ,tETl EsnCtt?ñ., Short Environmental Assessment Form -EAF Mapper Summary Report