HomeMy WebLinkAboutZBA Packet 2026-11-10 TOWN OF ITHACA
NEW YORK
AGENDA
Zoning Board of Appeals
November 10, 2026 6:00 PM
Town Hall Board Room
215 N.Tioga St 14850
Item
ZBSA-26-1 Appeal of Greg and Matoula Halkiopoulos, owners of 155 Westview Ln., Ithaca, NY,
14850; are seeking relief from Town of Ithaca Code section 270-223 (Fences and walls; retaining walls). Town
of Ithaca Code section 270-223 allows a maximum retaining wall height of 3' when the retaining wall is within
5' of the property boundary line, where the applicant is seeking special approval to allow the retaining wall to
exceed 3' in height due to being less than 5' to the property boundary line.
The property is located in the Medium Density Residential Zone, Tax Parcel No. 58.-2-39.541.
Other Business: None
Meeting materials are available at https://townithacany_.gov/meeting-calendar-agendas/.
The videoconferencing platform ZOOM will also be used for this meeting,and Board Member(s)may attend remotely when authorized by Town
policy.The public has the right to attend in person or via videoconferencing and can access ZOOM by the links provided or by going to
www.zoom.com/join or calling(929)436-2866 and entering the meeting ID 852-5587-1576.
Public comments where applicable can be made in person at the meeting,by USPS to the address above,via the videoconferencing platform
ZOOM,or via email to codes townithacany_.gov until 3pm the day of the meeting.The email above is also the point of contact for people needing
assistance to attend or access the meeting.All comments become a public record and are distributed to Board Members and the Applicant(s)prior
to the meeting.
The meeting is also broadcast and saved as a courtesy on youtube.com/@townofithacavideo.
November 2,2026
Agenda ID: ZMA-26-13 codes townithacany.gov
You are receiving this notice as a courtesy because you own a property adjacent to the property that is
requesting a Special Approval
TOWN OF ITHACA
Zoning Board of Appeals
Tuesday, November 10, 2026 at 6:00 pm
Town Hall 215 N. Tioga St 14850
This Meeting can also be attended via ZOOM
ZBSA-26-1 Appeal of Greg and Matoula Halkiopoulos, owners of 155 Westview Ln., Ithaca, NY, 14850; are
seeking relief from Town of Ithaca Code section 270-223 (Fences and walls; retaining walls). Town of Ithaca Code
section 270-223 allows a maximum retaining wall height of 3'when the retaining wall is within 5'of the property
boundary line, where the applicant is seeking special approval to allow the retaining wall to exceed 3'in height due
to being less than 5'to the property boundary line.
The property is located in the Medium Density Residential Zone, Tax Parcel No. 58.-2-39.541.
Appeal materials are available at the Town website via the "Public Meetings".
*Comments on the appeal(s) can be made in person or via ZOOM during the meeting. Comments & questions
can be emailed to codes@townithacany_gov up until 3pm the day of the meeting.All comments become part of
the official record.
Accessing the Meeting:
Youtube Live: "Town of Ithaca Public Meetings"
Zoom: Meeting ID: 852-5587-1576
Zoom: Call (929) 436-2866 same meeting ID as above
The Youtube recording of the meeting is archived Youtube.com/@TownoflthacaVideo.
Marty Moseley, Director of Code Enforcement
October 30, 2026
155 Westview Ln Neighbor Notification
ZMA-26-13
Owner Address City
58.-2-16 Dalya Tamir&Ian Shapiro 4088 Garrett Rd Ithaca, NY 14850
58.-2-15.1 Amy Wernimont&Mark Banas 130 Pine Tree Rd Ithaca, NY 14850
58.-2-15.2 Lynette&Christopher Brainard 3112 Jacksonville Rd Trumansburg, NY 14886
58.-2-39.5z Doris&Allan Meritt 155.5 Westview Ln Ithaca, NY 14850
58.-2-39.51�Helen Spanswick 153.5 Westview Ln Ithaca, NY 14850
58.-2-39.6,Paul Thomas&Victor Brown 152 Westview Ln Ithaca, NY 14850
TOWN OF ITHACA
ZONING BOARD OF
APPEALS
PUBLIC HEARING
ON PROPOSED
Special Approval VARIANCE FOR THIS PROPERTY
IS SCHEDULED FOR
November 10 , 2026 AT 6m. 00 pm
FOR INFORMATION CONTACT:
TOWN OF ITHACA, 607-273-1783
APPLICANT: Greg & Matoula Halkiopoulos
PHONE: 607-800-9900
ADDRESS: 155 Westview Ln
DATED: 28 October, 2026
10/29/26, 1:13 PM Sent Items-Marty Moseley-Outlook
lu, Outlook
Re: Drainage Plan - 155 Westview Ln.
From Marty Moseley <MMoseley@townithacany.gov>
Date Thu 10/29/2026 12:13 PM
To Matoula's Houses <matoulashouses@gmail.com>; Spiros John Halkiopoulos <spirosjohn@gmail.com>
Cc Mark Stonier <MStonier@townithacany.gov>; Codes <codes@townithacany.gov>;Justin McNeal
<JMcNeal@townithacany.gov>;Joe Slater <jslater@townithacany.gov>
Spiros,
Thank you for following up by phone regarding my email. During our call, you explained that you had
already completed the drainage work based on your understanding of our earlier conversation at Town
Hall. You understood that both the drawings and the work needed to be completed before the
November Zoning Board of Appeals meeting.
As I clarified today, my direction was to complete and submit the drawings to the Town so the Zoning
Board of Appeals could review the proposed drainage plan at its November 10th meeting. That direction
did not include authorization to begin construction.
Please do not perform any further work to install or implement the drainage system unless and until the
Zoning Board of Appeals approves the project. The Board's consideration of the project on November
10, 2026, does not guarantee approval.
The Director of Engineering has also advised that you must submit a Stormwater Pollution Prevention
Plan (SWPPP) application for review. As part of that application, please include a basic Erosion and
Sediment Control Plan showing how you intend to prevent sediment-laden runoff from leaving the site
during construction. I suggest contacting the Director of Engineering to understand when you should
submit this application.
If you have any questions, please contact us.
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.townithacaLiy.gov
https://outlook.office.com/mail/sentitems/id/AAkALgAAAAAAHYQDEapmEc2byACgAC%2FEWgOAmTpW EYvrsE26uMR%2BCWxJpgAlaTHhfAAA?na... 1/2
10/29/26, 1:13 PM Sent Items-Marty Moseley-Outlook
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: Marty Moseley<MMoseley@townithacany.gov>
Sent: Thursday, October 29, 2026 11:27 AM
To: Matoula's Houses <matoulashouses@gmail.com>; Spiros John Halkiopoulos
<spirosjohn@gmail.com>
Cc: Mark Stonier<MStonier@townithacany.gov>; Codes <codes@townithacany.gov>; Justin McNeal
<JMcNeaI@townithacany.gov>;Joe Slater<jslater@townithacany.gov>
Subject: Drainage Plan - 155 Westview Ln.
Good afternoon,
We are in receipt of the drainage plan that has been uploaded to the ZBSA-26-1 file, which was
requested by the Zoning Board of Appeals at a previous meeting. The Zoning Board of Appeals will
consider this drainage plan at their November 10th meeting.
At this point in time, work should not be conducted until after the Zoning Board of Appeals meeting on
November 10th and after a decision has been provided from said board. Additionally, if this drainage
plan is approved by the Zoning Board of Appeals, review from the Town of Ithaca Engineering
Department or the Town of Itaca Director of the Department of Public Works may be necessary. I have
copied both the Director of Engineering (Justin McNeil) and the Director of Public Works (Joe Slater) on
this email as well.
If you have any questions, please contact us.
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.towniLhacany.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.
https://outlook.office.com/mail/sentitems/id/AAkALgAAAAAAHYQDEapmEc2byACgAC%2FEWgOAmTpW EYvrsE26uMR%2BCWxJpgAlaTHhfAAA?na... 2/2
Taitem
10/16/2026
Matoula Halkiopoulos
RE: New Exterior Retaining Wall at 155 Westview Lane, Ithaca, NY
This letter is to certify the following:
- This letter shall supersede the previous letter dated 07/31/2026.
- I conducted a site visit to the property at the mentioned above address, reviewed and
approved the drawing sketch done by the contractor. I've attached the contractor's
sketch on here for convenience. Based on the sketch and my field inspection and
conversation with the contractor, the recently built exterior retaining wall is structurally
capable of handling the current retained backfill.
- I performed a secondary site visit to evaluate concerns of potential water behind the
retaining wall draining onto the neighbor's property (153 1/2). Based on my field
observations and video evidence from the client at 155, it is not likely that water is being
drained onto the adjacent property at 153 1/2. To ensure water is drained away, the soil at
the high end of the retaining shall be regraded to create a Swale sloped towards the
existing nearby road culvert. Refer to attached sketch.
- If desired, a shallow French drain can be installed along the low point of the Swale. The
French drain shall be approx. 18" wide x 24" deep, with filter fabric, #2 crush stone and a
sloped 4" dia. rigid perforated PVC pipe. The last 4ft-6ft portion near the culvert shall be
a solid pipe. However, this French drain is not required.
Free to give me a call or e-mail if you have any questions. of NE
E.
Javier E. Rosa, PE
Res U,p�
Senior Engineer, Partner, Structural Dept.
Taitem Engineering, D.P.C.
m. 6O7.342.2881 ���
jerosa@taitem.com �`�O 0e35A6 4;
cc: Exp. 10/31/2026
COA 022594
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Taitem Engineering, D.P.C. 110 South Albany Street, Ithaca, NY 14850 1 607-277-1118 1 www.taitem.com
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Outlook
Please distribute the following email/letter to the Town Zoning Board members and attorney prior
to the meeting today at 6pm est. Thank You.
From Andrew Spanswick <redcut@mac.com>
Date Tue 11/10/2026 11:52 AM
To Town Of Ithaca Clerks Department <clerks@townithacany.gov>; Marty Moseley
<MMoseley@townithacany.gov>; Lori Kofoid <LKofoid@townithacany.gov>; Robert Spanswick
<rspans@gmail.com>; Helen Spanswick <spanwalk@icloud.com>
You don't often get email from redcut@mac.com. Learn why this is important
November 10, 2026
To: Chair and Members of the Town of Ithaca Zoning Board of Appeals
Re: ZBSA-26-1 — 155 Westview Lane
From: Helen Spanswick and Andrew Spanswick
Chairperson and Members of the Board:
Please accept this correspondence into the official record for ZBSA-26-1 and distribute it to all
members of the Zoning Board of Appeals, Code Enforcement, and the Town's legal counsel.
Because members of the public are limited to three minutes, Helen Spanswick and Andrew
Spanswick will each ask three specific questions during tonight's hearing.
These questions concern matters documented in the Town's own records and are intended to
clarify the actions taken or not taken by the Town while this application has remained pending.
We respectfully request that each question be answered on the record with a yes or no where
possible, followed by whatever explanation the Board, Code Enforcement, or Town counsel
considers necessary.
We recognize that the Town's public-meeting rules state that questions asked during public
comment may not necessarily be answered at that moment. Therefore, if any of these questions
is not answered tonight, we request that the minutes reflect that the question was asked and
not answered, and we request a written response before final action is taken on ZBSA-26-1.
Questions of Helen Spanswick
1. Required professional drainage plan
The Town's records state that after the June hearing, the applicant was required to provide a
drainage plan prepared by a licensed design professional explaining how drainage from the
retaining wall would be handled while minimizing the impact on my property.
Before the drainage work that has occurred since the September hearing was performed, did
the Town receive and approve such a professional drainage plan?
If yes, please identify the plan, its author, the date it was submitted and who approved it.
If no, on what authority was drainage work permitted to proceed without the professional plan
the Board had required?
2. Evidence that my property will not be harmed
The Town's own inspection records document that underdrains had been capped or redirected
and that I continued to report water affecting my driveway and garage.
The Town's September 22 record then states that the applicant was required to provide either
evidence that rainfall does not negatively affect my property or a professional drainage plan.
Has the Board now received competent professional evidence establishing that the existing or
newly modified drainage system will not increase or concentrate runoff onto my property?
If yes, please identify that evidence.
If no, how can the Board make a finding that the drainage problem has been adequately
addressed?
3. Continued work without a permit
The Town expressly instructed the applicant that no work was to be completed on the wall until
the Zoning Board approved the project and Code Enforcement issued a building permit.
We have subsequently been told in writing by Code Enforcement Officer Mark Stonier that there
is still no active permit, that the Town instructed the applicant not to perform work, and that he
personally observed that drainage work appeared to have been performed.
Was that work authorized by the Town?
If yes, please identify who authorized it, when, and the written authority permitting it.
If no, what enforcement action has the Town taken in response?
Questions of Andrew Spanswick
1. Legal authority for withholding enforcement
The Town's FOIL response states that because the ZBA application is pending, enforcement
action concerning the original unpermitted construction has been placed "on hold."
Town Code §125-7 separately provides that the Code Enforcement Officer shall issue a stop-
work order for work requiring a permit that is being performed without the required permit.
What specific provision of Town Code or New York law authorizes the Town to suspend
enforcement simply because a special-approval application is pending?
And has the Town made a written determination that the drainage work performed while no
active permit existed did not require a permit?
If so, please identify that determination.
2. New evidence and the public-hearing requirement
The Town stated in its FOIL response that the September 22 public hearing was closed and that
if new information were received, another public hearing would have to be advertised and held.
The applicant was subsequently directed to provide new video evidence or a professional
drainage plan for consideration on November 10.
Is tonight's proceeding the duly advertised new public hearing that the Town said would be
required before that new evidence could be considered?
If yes, please confirm that Helen Spanswick and I have the right tonight to place our response to
that new evidence into the hearing record before the record is closed.
If no, will the Board refrain from relying upon any new evidence submitted after the September
22 hearing until a properly noticed public hearing is conducted?
3. Scope of the Board's decision and preservation of judicial review
The Town's own records show that drainage impacts on my mother's property have repeatedly
been part of this proceeding: the Board required a professional drainage plan, Town Engineering
raised concern about drainage reaching the neighboring property, and the September 22
adjournment specifically required evidence concerning negative impact on the neighboring
parcel.
Is the Board considering drainage impacts on my mother's property as part of its decision on
this special approval?
If yes, we request that the Board's written decision contain specific findings explaining what
evidence establishes that the drainage system will not adversely affect her property.
If no, please identify the legal basis for excluding drainage from the determination after the
Board itself required drainage evidence as part of this application.
If the Board takes final action tonight, we also request that the Town Clerk identify the exact
date on which the written decision is filed with the Clerk so that all rights under New York Town
Law §267-c are preserved.
Requested action
We respectfully request that the Board refrain from granting final approval unless and until
these questions are answered and the record establishes:
1. what drainage plan was actually approved;
2. what work occurred while no permit was in effect;
3. who, if anyone, authorized that work;
4. whether the Town's own no-work directive was enforced;
5. whether the proposed drainage system has been professionally demonstrated not to
adversely affect Helen Spanswick's property; and
6. what evidence and findings the Board relies upon in reaching any final decision.
Nothing in our participation in these proceedings constitutes consent to the construction or
drainage alterations, acceptance of damage to Helen Spanswick's property, or waiver of any
administrative,judicial, or civil remedies.
Helen Spanswick and Andrew Spanswick expressly reserve all rights.
Respectfully submitted,
Helen Spanswick 607-227-0188
Adjoining Property Owner
Andrew Spanswick 310-435-8096
On behalf of Helen Spanswick
On Sep 23, 2026, at 10:24AM, Andrew Spanswick <redcut@mac.com> wrote:
<Ithaca_Zoning_Board_Speech_September_22_2026.pdf>
September 23, 2026
To: Paulette Rosa, Town Clerk— clerks@townithacany.gov Cc: Lori Kofoid, Zoning
Board of Appeals; Town Attorney; Director of Code Enforcement Subject: Formal
Objection, Request for Case Records and FOIL Request— ZBSA-26-1, 155 Westview
Lane
Dear Ms. Rosa:
Attached is the written statement I presented at the September 22, 2026, Town of
Ithaca Zoning Board of Appeals meeting concerning application ZBSA-26-1,
involving Greg and Matoula Halkiopoulos of 155 Westview Lane.
Please distribute this correspondence and its attachment to every member of the
Zoning Board of Appeals and include both in the official case record. I request
written confirmation of their receipt and inclusion.
This letter also documents several procedural objections, requests clarification of
actions that may have been taken without our knowledge, and constitutes a formal
request for records under the New York Freedom of Information Law.
1. Recognition of my role as my mother's representative
At the September 22 meeting, my mother, Helen Spanswick, who owns the adjoining
property and is directly affected by this construction, expressly requested that I be
recognized as her representative in these proceedings.
Despite that request, I was informed that I could speak only during the general
public-comment period and was initially limited to three minutes. Following my
objections, I was permitted approximately nine minutes before my microphone was
muted.
was unable to complete my presentation of the relevant evidence and procedural
objections while the Board continued considering work performed or proposed by
the applicants.
New York Town Law §267-a(7) permits a party to appear at a Zoning Board hearing
personally or through an agent or attorney. We request written clarification of my
mother's procedural status, the Board's treatment of her request that I represent her,
and the basis on which my participation was restricted.
We also request that the Board accept my complete written statement and
accompanying photographic evidence and provide a meaningful opportunity to
address engineering submissions that were not previously disclosed to us.
2. The June hearing and the agreed engineering review
At the initial hearing on June 23, the Board facilitated what we understood to be a
cooperative process between the two property owners.
Our understanding was that the applicants would obtain two engineering
evaluations addressing distinct questions: the structural integrity of the retaining wall
and the drainage and flooding affecting my mother's adjoining property.
We further understood that both reports and any proposed corrective plans would
be made available for review before the Board considered final approval.
My mother agreed to this approach in good faith, rather than insist upon immediate
enforcement measures, because we believed it offered a reasonable opportunity to
resolve the dispute.
At the September 22 meeting, however, the applicants discussed work already
undertaken, work underway and additional proposed measures. We had not received
the engineering plans or reports governing that work, and, to our knowledge, the
requested drainage evaluation was not presented.
We therefore object to any characterization of the construction or corrective
measures as having been reviewed and accepted by both affected property owners.
To the extent that the Board has departed from the procedure discussed at the June
hearing, we request identification of the decision authorizing that departure and the
reasons for it.
3. Outstanding permitting, construction and drainage concerns
At the June hearing, we understood the Town Attorney to identify significant issues
concerning the wall's construction without the necessary approvals, its proximity to
the property boundary and its height.
Town Code §270-223(B) generally requires special approval for retaining walls
exceeding three feet in height when located within five feet of, and running
substantially parallel to, an adjoining property line. The Code also establishes how
wall height is measured and references separate building-permit requirements.
We request that the Town formally establish the wall's dimensions, original grade,
distance from the property boundary, permit history and compliance with all
applicable requirements.
We also request clarification of the status and legal authorization for the additional
construction that appears to have occurred since the June hearing.
Of particular concern is the apparent alteration of drainage patterns and the
continuing accumulation of water on my mother's property. We have documented
water emerging from the retaining wall and concentrated runoff toward her
driveway and garage. We are concerned that the construction may also have
obstructed the preexisting French drain.
These problems are unresolved, and the damage and associated expenses continue
to accrue.
Given my mother's age of 83 and the approaching winter, the risk of runoff freezing
on her driveway requires prompt attention. We have also reported a sewage-like
odor near the drainage area and requested an investigation of its source.
We request an immediate review by the appropriate Town engineering and
enforcement personnel, including an assessment of whether additional work should
be suspended pending verification of the necessary approvals and adequate
drainage safeguards.
4. Public-notice objections
We also reiterate our concerns regarding the required public-notice signs.
At the June hearing, we observed that the sign had been posted only the day before
the meeting. Before the September hearing, we observed a sign placed high on
another neighbor's garage, well away from the road and not readily visible to
passing residents.
Town Code §270-237 specifies posting and visibility requirements and requires that
the signs be maintained until final Board action. We request the Town's records
establishing when and where the signs were posted, whether they were continuously
maintained, and whether any posting requirement was waived.
Please include our objections in the case record.
S. Formal Freedom of Information Law request
Pursuant to New York Public Officers Law Article 6, 1 request electronic copies of the
following records, to the extent they are maintained by or available to the Town,
concerning application ZBSA-26-1 and the associated retaining-wall, fill, drainage
and construction work at 155 Westview Lane:
1. The complete application file, including original and amended applications,
supporting documents, site plans, surveys, grading plans, engineering
drawings, drainage calculations, environmental review documents,
photographs and other submitted exhibits.
2. All engineering reports, inspection findings, professional recommendations,
corrective plans and related submissions received by the Town, including
records documenting the instructions, scopes of work and deliverables for both
engineering evaluations discussed at the June hearing.
3. All issued, pending, denied or withdrawn building, zoning, grading, fill,
drainage and stormwater permits or approvals, including applications,
inspection reports, certificates, notices of violation, orders to remedy, stop-
work orders, and records of any authorization for additional construction since
June 23.
4. The complete agendas, meeting packets, minutes, resolutions, votes and
available audio or video recordings of the June 23 and September 22 hearings,
together with any existing official transcripts and records of other Board
proceedings concerning this application.
5. Records of communications concerning this application among the applicants
or their representatives, engineers, Board members, Town employees and Town
consultants, including relevant emails, letters, memoranda, meeting notes and
text messages maintained as Town records.
6. All decisions, determinations, resolutions, written approvals and conditions
concerning the application, including the dates each was rendered and filed,
together with records supporting any authorization for work that has already
occurred.
7. Public-hearing notices, proofs of publication, sign-posting records,
photographs, affidavits, mailing records and any waivers or determinations
concerning compliance with notice requirements.
8. The Board's applicable hearing and public-comment procedures, together with
records documenting the disposition of my mother's request that I appear as
her representative.
This request covers relevant records from January 1, 2025, through the date the
Town processes this request, including earlier records incorporated into the current
application.
Please provide the records electronically, preferably in their original electronic
formats. Because the engineering reports and any existing decisions are time-
sensitive, I request that available copies of those documents be provided
immediately rather than held until the entire FOIL request has been processed.
If any requested records are withheld, please identify the applicable statutory basis
for withholding them and provide all reasonably segregable, nonexempt portions.
If the Town does not maintain particular records, please identify that fact and, if
known, the office or agency responsible for them.
6. Decisions already issued and Article 78 deadlines
We are particularly concerned about whether the Board or any Town official has
already authorized additional work, approved revised construction plans, or issued
any other determination affecting our rights.
Under New York Town Law §267-c, an aggrieved person generally must commence
an Article 78 proceeding challenging a Zoning Board decision within 30 days after
that decision is filed with the Town Clerk.
We therefore request written confirmation of whether any decision, approval or
determination concerning this application has been issued or filed, the exact date of
each filing, and copies of the relevant documents.
If no final determination has been made, please confirm the current procedural
status of the application, whether the public hearing remains open, and the date of
the next scheduled proceeding.
Please also identify any separate administrative determinations authorizing the
additional work that has occurred and the dates and offices in which those
determinations were filed.
We are concerned that construction may have proceeded pursuant to decisions or
authorizations of which we were unaware. We intend to obtain legal advice promptly
concerning all applicable administrative and judicial remedies, including an Article 78
proceeding where appropriate.
Accordingly, we request prompt notice by email of any further decisions or filings.
We understand that this request does not extend or suspend any statutory deadline.
7. Preservation of records and reservation of rights
Because litigation is reasonably anticipated, I request that the Town refer this
correspondence to the Town Attorney and take appropriate steps to preserve all
existing records relevant to this dispute, including electronic communications,
meeting recordings, engineering submissions, inspection records and documents
relating to permits or additional construction.
My mother reserves all applicable rights to challenge administrative decisions and
pursue recovery of damages from parties legally responsible for the harm to her
property, including any claims against the Town that the evidence and applicable law
may support.
Our cooperation at the June hearing did not constitute consent to undisclosed
construction, acceptance of incomplete engineering evaluations or a waiver of our
legal rights.
We continue to seek a reasonable resolution. However, that resolution must address
the actual drainage conditions, prevent further damage, and provide a documented
and enforceable plan before winter.
Please confirm receipt of this correspondence, its distribution to Board members,
and its inclusion in the case record. I also request the formal acknowledgment and
anticipated response date required for the FOIL request.
Thank you for your prompt attention to this matter.
Sincerely,
Andrew Spanswick On behalf of Helen Spanswick 310-435-8096 redcut@mac.com
Attachment: Written statement presented at the September 22, 2026, Zoning Board
of Appeals meeting. Ikofoid(cbtownithacany_gov.
On Sep 23, 2026, at 8:53 AM, Helen Spanswick <spanwalk@icloud.com>
wrote:
Sent from my iPhone
Begin forwarded message:
From: Marty Moseley <M Mosel ey@townithacany.gov>
Date: September 23, 2026 at 8:25:58AM EDT
To: Helen Spanswick <spanwalk@icloud.com>
Cc: Town Of Ithaca Clerks Department
<clerks@townithacany.gov>
Subject: Public Hearing testimony - 9.22.26
Helen,
I was wondering if your son would be willing to send us his public
hearing testimony from the meeting last night so it can be
incorporated in the record more accurately?
If this is possible, please email it to the following email address:
clerks@townithacany.gov
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
The information contained in this e-mail message is confidential and
intended only for the individual or entity to whom or which it is
addressed. If the reader of this message is not the intended recipient, you
are hereby notified that any dissemination, distribution, alteration, or
copying of this e-mail message is strictly prohibited. If you have received
this e-mail in error, please immediately notify the sender by telephone
(607-273-1783), or by return e-mail, and delete this e-mail message.
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OTown of Ithaca November 12,2026
Record No: ZBSA-26- Primary Location Applicant
1 155 Westview Ln Unit Greg & Spiros Halkiopoulos
Zoning Board of Appeals Matoula Halkiopoulos ,� 607-800-9900
Ithaca, NY 14850 @ matoulashouses@gmail.com
Special Approval Application Owner * 155 westview Lane
Status:Active Ithaca, NY 14850
Greg&Matoula Halkiopoulos
Submitted On:5/14/2026 155 Westview Ln Ithaca, NY
14850
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Meeting Information
Appearance Date for Variance Meeting Time
November 10,2026 6:00 pm
Meeting Location Staff Contact Person
215 N.Tioga St, Board Room Lori Kofoid
Staff Email Staff Phone
codes@townithacany.gov 607-273-1783
The meeting can be attended in person at Town Hall,via Zoom or Youtube live. Comments on the
appeal can be made in person or via Zoom during the meetings or by email to
codes@townithacany.gov by 3pm the day of the meeting.All comments become part of the
official record.
<a href="https://us06web.zoom.us/j/85255871576"Zoom: Meeting ID: 852-5587-1576 or call in
with same Meeting ID (929)-436-2866
<a <a href="https://www.youtube.com/channel/UCC9vycXkJ6kIVlibjhCy7NQ/live"Youtube
Live: "Town of Ithaca Public Meetings"
Video recording after the meeting: <a
href="https://www.youtube.com/channel/UCC9vycXkJ6kIVlibjhCy7NQ/live"Youtube Archive
"Town of Ithaca Public Meetings"
Type of Variance
Special Approval
Variance Code Language
ZBSA-26-1 Appeal of Greg and Matoula Halkiopoulos, owners of 155 Westview Ln.,
Ithaca, NY,14850;are seeking relief from Town of Ithaca Code section 270-223 (Fences
and walls; retaining walls). Town of Ithaca Code section 270-223 allows a maximum
retaining wall height of 3' when the retaining wall is within 5' of the property boundary
line, where the applicant is seeking special approval to allow the retaining wall to exceed
3' in height due to being less than 5' to the property boundary line.
The property is located in the Medium Density Residential Zone,Tax Parcel No. 58.-2-
39.541.
Meeting Results
Meeting Result(First Appearance) Meeting Result(Second Appearance) a
Granted Adjourned
3rd Meeting Result Was Special Approval Granted with Conditions? &
Granted Yes
List of Conditions
1. The Professional Engineer, which designed and stamped the letter and/or drawings
submitted to and approved by the Zoning Board of Appeals, is required to conduct a site
visit to confirm that the French drain has been installed and graded as identified in the
plans submitted to and approved by the Zoning Board of Appeals. Such Professional
Engineer shall submit a detailed report to the Codes Department identify compliance.
Is Applicant Ready to Re-Appear? a / Additional Meeting is a
Yes Additional Meeting with Public Hearing
Materials For GML-239 Were Sent & Public Hearing Notice Was Sent
Neighbor Notification Letters Were Sent Date Sign Was Picked-up &
Material Packets Sent to ZBA Members
Internal Only-Review
Tax Parcel No. a Is Planning Dept.Approval Required? a
58.-2-39.541 Yes
Is Engineering Dept.Approval Required? a Is a GML-239 Review Required?
Yes Yes
Type of Special Approval a Appearance Date for Variance
Special Approval -Zoning- Principal uses by November 10, 2026 (1st hearing 6/23/26)
Special Approval -Ag.Zone (2nd Hearing 9/22/26)
Variance Code Language &
ZBSA-26-1 Appeal of Greg and Matoula Halkiopoulos, owners of 155 Westview Ln.,
Ithaca, NY,14850;are seeking relief from Town of Ithaca Code section 270-223 (Fences
and walls; retaining walls). Town of Ithaca Code section 270-223 allows a maximum
retaining wall height of 3' when the retaining wall is within 5' of the property boundary
line,where the applicant is seeking special approval to allow the retaining wall to exceed
3' in height due to being less than 5' to the property boundary line.
The property is located in the Medium Density Residential Zone, Tax Parcel No. 58.-2-
39.541.
Code Section a
270-223
Historical Only
Address affiliated with request a Status
Applicant's Information
Applicant is* Is the primary point of contact for application different
Property Owner than the applicant?*
No
Description
Brief Description of Special Approval Request*
Retaining wall added on top of existing retaining wall
Special Approval Criteria Form
1.Will the project be suitable for the property on which it
is proposed?* A
Yes
Proof:*
Prior to retaining wall we didn't have access to the rear of our home. We would have to
ask permission from our neighbors for us to access the back of our house
2.Is the proposed structure design and site layout
compatible with the surrounding area?*
Yes
Proof:*
It blends in with the houses and brings value to the surrounding area. The topography
also requires us to have a retaining wall for access of the rear of our home.
3.Do the operations in connection with the proposed use
create any more noise,fumes,vibration,illumination,or
other potential nuisances than the operation of any
permitted use in the particular zone?*
No
Proof:*
The retaining wall is built, it doesn't make any noise or fumes and it's immovable. It can't
be moved nor does it vibrate
4.Community infrastructure and services,such as police,
fire and other protective services,roadways,schools,and
water and sewer facilities are currently,or will be,of
adequate capacity to accommodate the proposed use?*
Yes
Proof:*
With the retaining wall all community infrastructure and services such as police can be
accomodated to access tb rear of the house
5.Will the proposed use,structure design,and site layout
comply with all the provisions of the Town Code and with
the Town of Ithaca Comprehensive Plan?*
No
Proof:*
The retaining wall has now given us access to the rear of our home when previously we
had to ask for permission from our neighbors.
6.Will the site layout,with proposed vehicular,bicycle and
pedestrian access,traffic circulation,and parking and
loading facilities,be sufficient for the proposed use and is
safely designed for emergency vehicles?*
Yes
Proof:*
access the rear of our home quite often now unloading wood or dirt or gravel and I have
not had one issue. So I think it would be perfect for emergency vehicles if needed to
access the rear of the house.
7.Will the project includes sufficient landscaping and/or
other forms of buffering to protect surrounding land uses.
Existing vegetation is preserved to the extent possible?*
Yes
Proof:*
There was green grass there before and we made sure that grass grew there again.
8.Will the proposed use or structure comply with all the
criteria applicable to site plan review set forth in chapter
270,to the extent deemed relevant by the reviewing
board?*
Proof:*
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.
I understand that if the application is not complete within 90 days from application submission,
the application will be withdrawn without further action and that I will need to submit a new
variance application and pay a new application fee.
Digital Signature*
Spiros Halkiopoulos
May 6,2026
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
Determination/Denial Letter
Denial Letter.pdf
Uploaded by Lori Kofoid on May 14,2026 at 11:24 AM
Survey and/or Plans
SURVEY MAP 155 Westview Lane Town of Ithaca.pdf
Uploaded by Lori Kofoid on May 14,2026 at 11:25 AM
Environmental Assessment Form
Short Environmental Assessment Form.pdf
Uploaded by Lori Kofoid on May 14,2026 at 11:25 AM
IMG_0189 (1).jpeg
._._, IMG_0189(1).jpeg
Uploaded by Lori Kofoid on May 14,2026 at 11:26 AM
IMG_0191 (1).jpeg
IMG_0191(1).jpeg
Uploaded by Lori Kofoid on May 14,2026 at 11:26 AM
IMG_0186 (1).jpeg
` IMG_0186(1).jpeg
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IMG_0183 (1).jpeg
IMG_0183(1).jpeg
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�. IMG_0180 (1).jpeg
IMG_0180(1).jpeg
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4 IMG_0187(1).jpeg
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,m IMG_0181 (1).jpeg
w IMG_0181(1).jpeg
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IMG_0179(1).jpeg
r -- Uploaded by Lori Kofoid on May 14,2026 at 11:26 AM
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:= IMG_0182 (1).jpeg
IMG_0182(1).jpeg
-= Uploaded by Lori Kofoid on May 14,2026 at 11:26 AM
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IMG_0184(1).jpeg
�« Uploaded by Lori Kofoid on May 14,2026 at 11:26 AM
IMG_0185 (1).jpeg
IMG_0185(1).jpeg
Uploaded by Lori Kofoid on May 14,2026 at 11:26 AM
IMG_0190 (1).jpeg
IMG_0190(1).jpeg
Uploaded by Lori Kofoid on May 14,2026 at 11:26 AM
GML239 Letter_06-03-2026155 Westview.pdf
GML239 Letter_06-03-2026155 Westview.pdf
Uploaded by Lori Kofoid on Jun 4,2026 at 10:22 AM
Neighbor Letters 155 Westview Ln.pdf
Neighbor Letters 155 Westview Ln.pdf
Uploaded by Lori Kofoid on Jun 22,2026 at 9:25 AM
Drawings-Wed_Nov_19_2025_15-00-25.pdf
Drawings-Wed_Nov_19_2025_15-00-25.pdf
Uploaded by Marty Moseley on Jun 23,2026 at 6:33 PM
155 westview In Photos 7.6.26.pdf
155 westview In Photos 7.6.26.pdf
Uploaded by Lori Kofoid on Jul 6,2026 at 2:53 PM
Engineer letter 155 Westview Ln 2026.07.31.pdf
Engineer letter 155 Westview Ln 2026.07.31.pdf
Uploaded by Lori Kofoid on Aug 3,2026 at 8:04 AM
155 Westview Lane - Rain.MOV
155 Westview Lane- Rain.MOV
Uploaded by Spiros Halkiopoulos on Aug 3,2026 at 10:12 AM
ZBA Mintues 2026-06-23.pdf
ZBA Mintues 2026-06-23.pdf
Uploaded by Lori Kofoid on Aug 13,2026 at 11:44 AM
8.24.26 I nsp.Report.pdf
8.24.261nsp.Report.pdf
Uploaded by Marty Moseley on Sep 2,2026 at 9:26 AM
155 Westview Lane - Dry well 1 .pdf
155 Westview Lane- Dry well 1.pdf
Uploaded by Spiros Halkiopoulos on Sep 3,2026 at 9:04 PM
155 Westview Lane - Dry 1.heic
155 Westview Lane- Dry 1.heic
Uploaded by Spiros Halkiopoulos on Sep 3,2026 at 9:07 PM
Neighbor Notification 155 Westview ZBA 9.8.26.pdf
Neighbor Notification 155 Westview ZBA 9.8.26.pdf
Uploaded by Lori Kofoid on Sep 8,2026 at 12:34 PM
Fw_ Extra Info.pdf
Fw_Extra Info.pdf
Uploaded by Code Enforcement Permit Email on Sep 21,2026 at 8:23 AM
Neighbor Exhibit Retaining Wall Photo Exhibits.pdf
Neighbor Exhibit Retaining Wall Photo Exhibits.pdf
Uploaded by Lori Kofoid on Sep 21,2026 at 8:40 AM
ZBSA-26-1 Public Hearing Statement 9.22.2026.pdf
ZBSA-26-1 Public Hearing Statement 9.22.2026.pdf
Uploaded by Lori Kofoid on Sep 23,2026 at 3:39 PM
155 Westview Ln- Rain 1 IMG_2060.mov
IMG_2060.mov
Uploaded by Spiros Halkiopoulos on Sep 28,2026 at 10:32 AM
155 Westview Ln- Rain 21MG_2062.mov
IMG_2062.mov
Uploaded by Spiros Halkiopoulos on Sep 28,2026 at 10:42 AM
155 Westview Ln Rain 3 IMG_2070.mov
IMG_2070.mov
Uploaded by Spiros Halkiopoulos on Sep 28,2026 at 11:16 AM
ZBA Minutes 2026-09-22.pdf
ZBA Minutes 2026-09-22.pdf
Uploaded by Town Clerks on Oct 9,2026 at 10:09 AM
155 Westview Ln Letter 2026.10.16_TE.pdf
155 Westview Ln Letter 2026.10.16_TE.pdf
Uploaded by Spiros Halkiopoulos on Oct 19,2026 at 10:48 AM
155 Westview Ln 10.29.26 email.pdf
155 Westview Ln 10.29.26 email.pdf
Uploaded by Marty Moseley on Oct 29,2026 at 1:16 PM
Email from Neighbor Recd 11.10.26.pdf
Email from Neighbor 11.10.26.pdf
Uploaded by Lori Kofoid on Nov 10,2026 at 12:04 PM
Spiro pics.pdf
Spiro pics.pdf
Uploaded by Town Clerks on Nov 10,2026 at 7:21 PM
Re-Submission In-take Review
IMG 1168.JPEG
Uploaded by Marty Moseley on Sep 2,2026 at 9:20 AM
IMG 1169.JPEG
Uploaded by Marty Moseley on Sep 2,2026 at 9:20 AM
I M G_1170.J P EG
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Uploaded by Marty Moseley on Sep 2,2026 at 9:20 AM
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Uploaded by Marty Moseley on Sep 2,2026 at 9:20 AM
IMG_1172 - Copy.JPEG
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Uploaded by Marty Moseley on Sep 2,2026 at 9:22 AM
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Uploaded by Marty Moseley on Sep 2,2026 at 9:22 AM
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,:.
Uploaded by Marty Moseley on Sep 2,2026 at 9:22 AM
IMG_1183 - Copy.JPEG
Uploaded by Marty Moseley on Sep 2,2026 at 9:22 AM
IMG_1184.JPEG
Uploaded by Marty Moseley on Sep 2,2026 at 9:22 AM
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Uploaded by Marty Moseley on Sep 2,2026 at 9:22 AM
{
IMG_1186.JPEG
Uploaded by Marty Moseley on Sep 2,2026 at 9:22 AM
Site Inspection
IMG_0465.jpeg
Uploaded by Marty Moseley on Nov 10,2026 at 2:26 PM
IMG_0464.jpeg
Uploaded by Marty Moseley on Nov 10,2026 at 2:27 PM
IMG_0463.jpeg
Uploaded by Marty Moseley on Nov 10,2026 at 2:27 PM
IMG_0462.jpeg
Uploaded by Marty Moseley on Nov 10,2026 at 2:27 PM
Record Activity
Lori Kofoid reactivated inspection step Review- Code Enforcement/Zoning Dept. 06/11/2026 at 8:30 am
on Record ZBSA-26-1
Lori Kofoid altered inspection step Review-Code Enforcement/Zoning Dept., 06/11/2026 at 8:30 am
changed status from Active to Complete on Record ZBSA-26-1
Lori Kofoid removed document step SIGN from Record ZBSA-26-1 06/11/2026 at 8:31 am
Lori Kofoid removed document step Neighbor Notification from Record ZBSA-26- 06/11/2026 at 8:31 am
1
Lori Kofoid added document step Sign to Record ZBSA-26-1 06/11/2026 at 8:31 am
Lori Kofoid added document step Neighbor Notification to Record ZBSA-26-1 06/11/2026 at 8:31 am
Lori Kofoid added file Neighbor Letters 155 Westview Ln.pdf to Record ZBSA-26-1 06/22/2026 at 9:25 am
Lori Kofoid removed attachment Narrative from Record ZBSA-26-1 06/22/2026 at 9:26 am
Lori Kofoid removed attachment Agricultural Data Statement from Record ZBSA- 06/22/2026 at 9:26 am
26-1
Lori Kofoid changed form field entry Variance Code Language from""to"<p
style="box-sizing:border-box;margin:Opx Opx 10px;color:rgb(27,28,28);font- 06/22/2026 at 2:50 pm
family:"DM Sa..."on Record ZBSA-26-1
Justin McNeal waived approval step Engineering Approval (Engineering 06/23/2026 at 10:13 am
Department)on Record ZBSA-26-1
Marty Moseley added file Drawings_Wed_Nov_19_2025_15-00-25.pdf to Record 06/23/2026 at 6:33 pm
ZBSA-26-1
Marty Moseley added Unhide Meeting Results to Record ZBSA-26-1 06/24/2026 at 8:10 am
Marty Moseley changed form field entry Additional Meeting is from""to 06/24/2026 at 8:11 am
"Additional Meeting with Public Hearing"on Record ZBSA-26-1
Marty Moseley changed form field entry Is Applicant Ready to Re-Appear?from 06/24/2026 at 8:11 am
""to"Yes"on Record ZBSA-26-1
Marty Moseley changed form field entry Meeting Result(First Appearance)from 06/24/2026 at 8:11 am
I'llto"Adjourned"on Record ZBSA-26-1
Marty Moseley altered inspection step Zoning Board of Appeals Meeting, 06/24/2026 at 8:12 am
changed status from Inactive to Complete on Record ZBSA-26-1
Lori Kofoid reactivated inspection step Zoning Board of Appeals Meeting on 06/24/2026 at 8:30 am
Record ZBSA-26-1
Lori Kofoid changed form field entry Is Applicant Ready to Re-Appear?from"Yes" 06/24/2026 at 8:31 am
to"No"on Record ZBSA-26-1
Lori Kofoid assigned inspection step Re-Submission In-take Review to Lori Kofoid 06/24/2026 at 8:46 am
on Record ZBSA-26-1
Lori Kofoid changed the deadline to Aug 21,2026 on inspection step Re- 06/24/2026 at 8:46 am
Submission In-take Review on Record ZBSA-26-1
Lori Kofoid altered inspection step Zoning Board of Appeals Meeting,changed 06/24/2026 at 8:47 am
status from Active to Complete on Record ZBSA-26-1
Lori Kofoid removed document step Issuance of Meeting Result from Record 06/24/2026 at 12:03 pm
ZBSA-26-1
Lori Kofoid added document step Issuance of Meeting Result to Record ZBSA- 06/24/2026 at 12:03 pm
26-1
Lori Kofoid added file 155 westview In Photos 7.6.26.pdf to Record ZBSA-26-1 07/06/2026 at 2:53 pm
Lori Kofoid altered inspection step Re-Submission In-take Review,changed 07/16/2026 at 3:17 pm
status from Inactive to Active on Record ZBSA-26-1
Lori Kofoid changed form field entry Appearance Date for Variance from"June 23, 07/22/2026 at 8:19 am
2026"to"August 25, 2026 (1st hearing June 23,2026)"on Record ZBSA-26-1
Lori Kofoid changed form field entry Appearance Date for Variance from"August
25,2026(1st hearing June 23,2026)"to"September 22,2026(1st hearing June 07/22/2026 at 8:29 am
23, 2026)"on Record ZBSA-26-1
Lori Kofoid changed form field entry Appearance Date for Variance from 07/22/2026 at 8:31 am
"6/23/2026"to"September 22,2026"on Record ZBSA-26-1
Lori Kofoid changed form field entry Appearance Date for Variance from
"September 22,2026"to"September 22, 2026 (1st hearing 6/23/26)"on Record 07/22/2026 at 8:32 am
ZBSA-26-1
Lori Kofoid added file Engineer letter 155 Westview Ln 2026.07.31.pdf to Record 08/03/2026 at 8:04 am
ZBSA-26-1
Spiros Halkiopoulos added file 155 Westview Lane- Rain.MOV to Record ZBSA- 08/03/2026 at 10:12 am
26-1
Lori Kofoid reassigned inspection step Re-Submission In-take Review from Lori 08/03/2026 at 11:16 am
Kofoid to Marty Moseley on Record ZBSA-26-1
Lori Kofoid added file ZBA Mintues 2026-06-23.pdf to Record ZBSA-26-1 08/13/2026 at 11:44 am
Marty Moseley added inspection step Site Inspection to Record ZBSA-26-1 08/19/2026 at 9:18 am
Marty Moseley altered inspection step Re-Submission In-take Review,changed 09/02/2026 at 9:23 am
status from Active to Complete on Record ZBSA-26-1
Marty Moseley added file 8.24.26 Insp.Report.pdf to Record ZBSA-26-1 09/02/2026 at 9:26 am
Marty Moseley altered inspection step Site Inspection,changed status from 09/02/2026 at 9:26 am
Active to Complete on Record ZBSA-26-1
Lori Kofoid added inspection step 2nd Zoning Board of Appeals Meeting to 09/03/2026 at 9:20 am
Record ZBSA-26-1
Lori Kofoid added document step Sign to Record ZBSA-26-1 09/03/2026 at 9:22 am
Lori Kofoid added document step Neighbor Notification to Record ZBSA-26-1 09/03/2026 at 9:22 am
Lori Kofoid changed form field entry Appearance Date for Variance from
"September 22,2026(1st hearing June 23, 2026)"to"September 22,2026 "on 09/03/2026 at 9:25 am
Record ZBSA-26-1
Lori Kofoid removed document step Neighbor Notification from Record ZBSA-26- 09/03/2026 at 9:25 am
1
Lori Kofoid removed document step Sign from Record ZBSA-26-1 09/03/2026 at 9:25 am
Lori Kofoid added document step Sign to Record ZBSA-26-1 09/03/2026 at 9:25 am
Lori Kofoid added document step Neighbor Notification to Record ZBSA-26-1 09/03/2026 at 9:26 am
Spiros Halkiopoulos added file 155 Westview Lane- Dry well 1 .pdf to Record 09/03/2026 at 9:04 pm
ZBSA-26-1
Spiros Halkiopoulos added file 155 Westview Lane- Dry l.heic to Record ZBSA- 09/03/2026 at 9:07 pm
26-1
Lori Kofoid added file Neighbor Notification 155 Westview ZBA 9.8.26.pdf to 09/08/2026 at 12:34 pm
Record ZBSA-26-1
Code Enforcement Permit Email added file Fw_ Extra Info.pdf to Record ZBSA- 09/21/2026 at 8:23 am
26-1
Lori Kofoid added file Neighbor Exhibit Retaining Wall Photo Exhibits.pdf to 09/21/2026 at 8:40 am
Record ZBSA-26-1
Marty Moseley changed form field entry Is Applicant Ready to Re-Appear?from 09/23/2026 at 8:59 am
"No"to"Yes"on Record ZBSA-26-1
Marty Moseley changed form field entry Meeting Result(Second Appearance) 09/23/2026 at 8:59 am
from""to"Adjourned"on Record ZBSA-26-1
Lori Kofoid added file ZBSA-26-1 Public Hearing Statement 9.22.2026.pdf to
09/23/2026 at 3:39 pm
Record ZBSA-26-1
Lori Kofoid added document step Issuance of Meeting Result to Record ZBSA- 09/24/2026 at 1:42 pm
26-1
Spiros Halkiopoulos added file IMG_2060.mov to Record ZBSA-26-1 09/28/2026 at 10:32 am
Spiros Halkiopoulos added file IMG_2062.mov to Record ZBSA-26-1 09/28/2026 at 10:42 am
Spiros Halkiopoulos added file IMG_2070.mov to Record ZBSA-26-1 09/28/2026 at 11:16 am
Lori Kofoid changed form field entry Appearance Date for Variance from 10/05/2026 at 10:02 am
"September 22,2026"to"November 10,2026"on Record ZBSA-26-1
Lori Kofoid altered inspection step 2nd Zoning Board of Appeals Meeting, 10/05/2026 at 10:03 am
changed status from Active to Complete on Record ZBSA-26-1
Town Clerks added file ZBA Minutes 2026-09-22.pdf to Record ZBSA-26-1 10/09/2026 at 10:09 am
Spiros Halkiopoulos added file 155 Westview Ln Letter 2026.10.16_TE.pdf to 10/19/2026 at 10:48 am
Record ZBSA-26-1
Lori Kofoid added approval step 3rd Meeting re-submission to Record ZBSA-26-1 10/28/2026 at 8:03 am
Lori Kofoid removed approval step 3rd Meeting re-submission from Record 10/28/2026 at 9:27 am
ZBSA-26-1
Lori Kofoid removed approval step Notice(Ready for Pick-up)from Record ZBSA- 10/28/2026 at 9:33 am
26-1
Lori Kofoid removed inspection step 2nd Zoning Board of Appeals Meeting from 10/28/2026 at 9:33 am
Record ZBSA-26-1
Lori Kofoid added approval step 3rd Meeting with Public Hearing to Record 10/28/2026 at 9:33 am
ZBSA-26-1
Lori Kofoid added document step 3rd Sign to Record ZBSA-26-1 10/28/2026 at 9:33 am
Lori Kofoid added document step Neighbor Notification to Record ZBSA-26-1 10/28/2026 at 9:33 am
Lori Kofoid assigned approval step Meeting Minutes - 1st Meeting to Town Clerks 10/28/2026 at 9:35 am
on Record ZBSA-26-1
Lori Kofoid altered approval step Meeting Minutes -1st Meeting,changed status 10/28/2026 at 9:35 am
from Inactive to Complete on Record ZBSA-26-1
Lori Kofoid assigned approval step Meeting Minutes- 2nd Meeting to Town 10/28/2026 at 9:35 am
Clerks on Record ZBSA-26-1
Lori Kofoid altered approval step Meeting Minutes - 2nd Meeting,changed status 10/28/2026 at 9:36 am
from Inactive to Complete on Record ZBSA-26-1
Lori Kofoid approved approval step 3rd Meeting with Public Hearing on Record 10/28/2026 at 2:20 pm
ZBSA-26-1
Lori Kofoid restored document step SIGN on Record ZBSA-26-1 10/28/2026 at 2:21 pm
Lori Kofoid removed document step Neighbor Notification from Record ZBSA-26- 10/28/2026 at 2:22 pm
1
Lori Kofoid removed document step 3rd Sign from Record ZBSA-26-1 10/28/2026 at 2:22 pm
Lori Kofoid added document step Sign to Record ZBSA-26-1 10/28/2026 at 2:22 pm
Lori Kofoid added document step Neighbor Notification to Record ZBSA-26-1 10/28/2026 at 2:23 pm
Marty Moseley added file 155 Westview Ln 10.29.26 email.pdf to Record ZBSA- 10/29/2026 at 1:16 pm
26-1
Lori Kofoid changed form field entry Appearance Date for Variance from
"September 22,2026(1st hearing 6/23/26)"to"November 10,2026(1st hearing 11/03/2026 at 10:36 am
6/23/26)(2nd Hearing 9/22/26)"on Record ZBSA-26-1
Lori Kofoid added file Email from Neighbor 11.10.26.pdf to Record ZBSA-26-1 11/10/2026 at 12:04 pm
Emily Banwell added inspection step Site Inspection to Record ZBSA-26-1 11/10/2026 at 12:53 pm
Marty Moseley altered inspection step Site Inspection,changed status from 11/10/2026 at 2:32 pm
Active to Complete on Record ZBSA-26-1
Marty Moseley added 3rd Meeting Result to Record ZBSA-26-1 11/10/2026 at 7:01 pm
Marty Moseley changed form field entry Meeting Result(Second Appearance) 11/10/2026 at 7:01 pm
from"Adjourned"to"Granted"on Record ZBSA-26-1
Marty Moseley changed form field entry Was Special Approval Granted with 11/10/2026 at 7:01 pm
Conditions?from""to"Yes"on Record ZBSA-26-1
Marty Moseley changed form field entry List of Conditions from""to"1.The 11/10/2026 at 7:01 pm
Professional Engineer,which desi..."on Record ZBSA-26-1
Marty Moseley added document step Issuance of Meeting Result to Record 11/10/2026 at 7:04 pm
ZBSA-26-1
Marty Moseley removed document step Issuance of Meeting Result from Record 11/10/2026 at 7:07 pm
ZBSA-26-1
Marty Moseley added document step Issuance of Meeting Result to Record 11/10/2026 at 7:07 pm
ZBSA-26-1
Marty Moseley changed form field entry Meeting Result(Second Appearance) 11/10/2026 at 7:08 pm
from"Granted"to"Adjourned"on Record ZBSA-26-1
Marty Moseley changed form field entry Meeting Result(First Appearance)from 11/10/2026 at 7:08 pm
"Adjourned"to"Granted"on Record ZBSA-26-1
Town Clerks added file Spiro pics.pdf to Record ZBSA-26-1 11/10/2026 at 7:21 pm
Timeline
Label Activated Completed Assignee Due Date Status
Application In- 5/14/2026, 5/14/2026, Completed
take Review 10:54:28 AM 11:27:10 AM Lori Kofoid 5/16/2026 p
5/14/2026, 5/14/2026, Spiros Skipped
Payment 10:54:28 AM 10:55:36 AM Halkiopoulos
®Relation to 5/14/2026, 5/14/2026, Completed
ZBAA-26-2 11:03:26 AM 11:03:34 AM
®Relation to BLD- 6/2/2026, Active
25-232 1:01:53 PM
®Relation to 6/2/2026, Active
CODE-25-143 1:01:53 PM
Label Activated Completed Assignee Due Date Status
Q Notice(Pick-up) 5 ,
11:27:11 2627:11 AM
Lori Kofoid Active
QEngineering
Approval 5/14/2026, 6/23/2026, Justin
pp 5/20/2026 Skipped
(Engineering 11:33:19 AM 10:13:56 AM McNeal
Department)
O Planning 5/14/2026, 5/18/2026,
Approval (Planning 11:33:19 AM 11:55:58 AM C.J.Randall 6/12/2026 Skipped
Department)
@ GML-239 Count 5/14/2026, 6/8/2026,
y Lori Kofoid - Completed
Review 11:33:19 AM 9:12:56 AM
Q Review-Code 5/14/2026, 6/11/2026, Marty
Enforcement/Zoning Completed
11:31:08 AM 8:30:51 AM Moseley
Dept.
Q Sign 6/11/2026, 6/11/2026, Completed
8:31:42 AM 8:31:42 AM
O Neighbor 6/11/2026, 6/11/2026, Completed
Notification 8:31:42 AM 8:31:42 AM
p
Site Inspection
8/19/2026, 9/2/2026, Marty Completed
-
9:18:57 AM 9:26:28 AM Moseley
p
Site Inspection
11/10/2026, 11/10/2026, Marty Completed
-
12:53:39 PM 2:32:15 PM Moseley
QNeighbor - - Inactive
Notification
Q SIGN - Inactive
O Planning 5/14/2026,
Approval (Planning 11:28:59 AM C.J.Randall 6/12/2026 Active
Department)
QEngineering
Approval 5/14/2026, Justin - Active
(Engineering 11:28:59 AM McNeal
Department)
@ ZoningBoard of 6/24/2026, 6/24/2026,
Lori Kofoid - Completed
Appeals Meeting 8:30:11 AM 8:47:42 AM
OIssuance of _ - - Inactive
Meeting Result
@ Re-Submission 7/16/2026, 9/2/2026, Marty
8/21/2026 Completed
In-take Review 3:17:51 PM 9:23:35 AM Moseley
Q Issuance of 6/24/2026, 6/24/2026, Completed
Meeting Result 12:03:30 PM 12:03:30 PM
Label Activated Completed Assignee Due Date Status
2nd Zoning 9/3/2026, 10/5/2026,
Board of Appeals Lori Kofoid Completed
9:20:17 AM 10:03:17 AM
Meeting
OSign - - Inactive
ONeighbor Inactive
Notification
Sign 9/3/2026, 9/3/2026, Completed
9:25:51 AM 9:25:51 AM
O Neighbor 9/3/2026, 9/3/2026, Completed
Notification 9:26:53 AM 9:26:54 AM
Q 3rd Meeting re- 10/28/2026, - Lori Kofoid Active
submission 8:03:19 AM
O Issuance of 9/24/2026, 9/24/2026, Completed
Meeting Result 1:42:12 PM 1:42:13 PM
QClose&Archive _ - Inactive
Record
✓ 3rd Meetingwith 10/28/2026, 10/28/2026,
Lori Kofoid - Completed
Public Hearing 9:33:17 AM 2:20:40 PM
Q Sign 10/28/2026, 10/28/2026, Completed
2:22:49 PM 2:22:49 PM
Q Neighbor 10/28/2026, 10/28/2026, Completed
Notification 2:23:25 PM 2:23:26 PM
Q Issuance of 11/10/2026, 11/10/2026, Completed
Meeting Result 7:07:28 PM 7:07:28 PM
Q Issuance of 11/10/2026, 11/10/2026, Completed
Meeting Result 7:04:51 PM 7:04:51 PM
Q 3rd Sign - - Inactive
QNeighbor Inactive
Notification
0 MeetingMinutes 10/28/2026,
- Town Clerks - Completed
1st Meeting 9:35:40 AM
Q Meeting Minutes 10/28/2026, Town Clerks Completed
2nd Meeting 9:36:01 AM
O Meeting Minutes 11/12/2026, - Town Clerks Active
3rd Meeting 8:55:40 AM
Outlook
Permit application BLD 25-232
From Mark Stonier <MStonier@townithacany.gov>
Date Tue 2/24/2026 2:53 PM
To spirosjohn@gmail.com <spirosjohn@gmail.com>
Good Afternoon,
I am writing you this email to inform you that at this time a building permit cannot be issued for this
project due to the fact that the location and height of the proposed wall is in violation of local law 270-
223 B (2). This email will serve as a denial of the project and can be used to have the right to appear
before the towns ZBA board to possibly obtain relief from local law 270-223 B (2) so the wall can be
constructed.
Best,
?'ltOAK c3�tozu��z
9-c"..K F97fu^^••
275 Xuktk 9Z.V. cPt.
9Jtk.aC.'L, .APY 1AF850
ssc3.toxZc�z@toi..sut[cac_a sr.�.parr
(607)273-7783 ext.716
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.
ti LEGEND
= MkQ R1=FIERENCFS, A-COMPUTED POINT
T.)W OF SURVEY LOT No 39 GRANDWFW • -PIN SET WITH CAP
I I SUMVISION-N DATED 10/29/1968 UST R"SED IRON PIN FOUND �
8/72 FJ4/2003. BY Row" RUSsr -IRON PIPE FOUND t-
2}i1dAP OF SURVEY LOT No. 36 C-RM�AV1Fw 0-UVLJTY POLE
SUWIVISION ." DATED :./13/19ad LAST REVISED o -T1Et�?r�pN� PEDESTAL
8/12/2MB sY ROBERT RUSSLER.
3)'MAP OF SURVEY LOT No. 35 GRANDOEW �
SUBomsION. ' DATED 8/1511985 UST REVISED
�i r/8/20 t s BY A01RERT RUSSLER
LOT 37
NIF RO
IL
667/177
W
+ti 7AX Wp No. 5a-2-39.55
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PROVIDED, SUBJECT 7 ANY STATE OF No,, 105
F� N F 5AN U?AiI� ABSTRACT OF
\ c� N BANAS k WERNWONT (R 0
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081 'af PATIO TAX MAP No 5a-2-15.1
ys �
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TAX MAP No 58-2-39532 'cc
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CFIMnCADON
! hereby Certrf}r t. GREG do MATCULA HALK10POULOS
that ! am a !Icon-ed land surveyor. New York Stag License
No.050096, and t at this wrap correctly darineates an
octuar survey on h* ground made by me or under my direct 0, 30' 60' 9 Q, ALMUMnOP m we,.
supervision and tl�k ! found no vFsible lncrOOChmRrrta either ire,, iw 79&
way ocrosa props lines except as shown hereon. SWATM ��e�O
9„=-LL%` SCALE: 1'�30' AM
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SI.IRVEY MAP � ,,,�� 0- DRCS,3 ', 0 4
T. G. MILLER P.C.
NO. 15& WESTVIEW LANE'
EN61nEERS AND SURVEYORS TOWN OF fi HACA TOMPKINS COUNTY, NEW YORK - �o
105 WEST SuIZ STREET ��' 050496
rl�� NEW YORK 14&W DATE:
lEl. (W7)272-s+1n 4/2/2026 $� �,CA.I.E: tAftiiD
5
Short Environmental Assessment Form
Part I - Project Information
Instructions for Completing
Part 1 ❑Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 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
155 Westview Lane-Retaining Wall
Name of Action or Project:
Retaining Wall
Project Location(describe,and attach a location map):
155 Westview Lane, Ithaca NY 14850
Brief Description of Proposed Action:
Much needed retaining wall so we can access the rear of our home.
Name of Applicant or Sponsor: Telephone: 6078009900
piros J Halkiopoulos E-Mail: spirosjohn@gmail.com
Address:
155 Westview Lane
City/PO: State: Zip Code:
Ithaca NY 14850
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. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES
If Yes,list agency(s)name and permit or approval:Specisal ApprovalNariance ❑
3. a.Total acreage of the site of the proposed action? 0.000459acres
b.Total acreage to be physically disturbed? 0.000459acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 0.26acres
4. Check all land uses that occur on,are adjoining or near the proposed action:
5. ❑Urban ❑ Rural(non-agriculture) ❑ Industrial ❑ Commercial 0 Residential(suburban)
❑Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify):
❑Parkland
Page 1 of 3
5. Is the proposed action, NO YES N/A
a. A permitted use under the zoning regulations? ❑ ❑ ❑
b. Consistent with the adopted comprehensive plan? ❑ ❑ ❑
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: ❑� ❑
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑ ❑
b. Are public transportation services available at or near the site of the proposed action? ❑ ❑
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ ❑
action?
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water:
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:
❑✓ ❑
12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES
which is listed on the National or State Register of Historic Places,or that has been determined by the ❑ ❑
Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the
State Register of Historic Places?
b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ ❑
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
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? ❑ ❑
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ ❑
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
Page 2 of 3
14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply:
El Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional
❑Wetland ❑ Urban ❑ Suburban
15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES
Federal government as threatened or endangered? ❑ ❑
16. Is the project site located in the 100-year flood plan? NO YES
❑ ❑
17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes, ❑ ❑
a. Will storm water discharges flow to adjacent properties? �✓
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑✓ ❑
If Yes,briefly describe:
18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES
or other liquids(e.g.,retention pond,waste lagoon,dam)?
If Yes,explain the purpose and size of the impoundment: ❑ ❑
19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES
management facility?
If Yes,describe: ❑ ❑
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed) for hazardous waste?
If Yes,describe: ❑ ❑
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name- Spiros J Halkiopoulos Date:05/06/26
Signature: Title:Owner
PRINT FORM Page 3 of 3
EAF Mapper Summary Report Wednesday, May 6, 2026 11:49 AM
Disclaimer: The EAF Mapper is a screening tool intended to assist
ti 58.-2-39:57 I 57.-1-28 project sponsors and reviewing agencies in preparing an environmental
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= I answered by the EAF Mapper.Additional information on any EAF
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Part 1 /Question 7 [Critical Environmental No
Area]
Part 1 /Question 12a [National or State No
Register of Historic Places or State Eligible
Sites]
Part 1 /Question 12b [Archeological Sites] No
Part 1 /Question 13a [Wetlands or Other Digital mapping data are not available or are incomplete. Refer to EAF
Regulated Waterbodies] Workbook.
Part 1 /Question 15 [Threatened or No
Endangered Animal]
Part 1 /Question 16 [100 Year Flood Plain] Digital mapping data are not available or are incomplete. Refer to EAF
Workbook.
Part 1 /Question 20 [Remediation Site] No
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Department of COMMISSIONER
�l Planning Katherine Borgella
DEPUTY COMMISSIONER
Sustainability M. Megan McDonald
121 E. Court St, Ithaca, N.Y. 14850 1 Phone: (607)274-5560 tompkinscountyny.gov/planning
June 03,2026
Lori Kofoid, Administrative Assistant IV
Town of Ithaca
215 North Tioga St.
Ithaca,NY 14850
Re: Review Pursuant to §239-1,-m and-n of New York State General Municipal Law
Proposed Action: Special Approval for proposed Retaining Wall located at 155 Westview Ln,Tax
Parcel#58.2-39.541,Matoula Halkiopoulos,Owner and Applicant.
Dear Lori Kofoid:
This letter acknowledges your referral of the proposed action identified above for review by the
Tompkins County Department of Planning and Sustainability pursuant to §239 -1, -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 fmal action taken by your municipality within 30 days of
decision, as required by State law.
Sincerely,
/;:;r/c
Katherine Borgella,AICP
Commissioner of Planning and Sustainability
Creating and implementing plans that position Tompkins County communities to thrive.
Letter 1
a r Outlook
ZBSA-26-1
From Helen Spanswick <spanwalk@icloud.com>
Date Fri 6/19/2026 10:32 AM
To Codes <codes@townithacany.gov>
[You don't often get email from spanwalk@icloud.com. Learn why this is important at https:Haka.ms/LearnAboutSenderldentification ]
Re: comments
1. Wall isn't properly built.
2. Open drains caused excessive water on my driveway, and thus dangerous icy conditions .
3. drainage flowed into my garage.
4. Eventually animals enjoyed access through drains to wall.
5.Obvious danger of hydrostatic pressure which means sections of the wall may burst onto my driveway and or cars etc.
6. Drainage problems should be directed down neighbor's property.
I will send relevant photographs.
Sincerely, Helen Spanswick
Sent from my Phone
' Outlook Letter 2
Relevant photos
From Helen Spanswick <spanwalk@icloud.com>
Date Fri 6/19/2026 10:49 AM
To Codes <codes@townithacany.gov>
[You don't often get email from spanwalk@icloud.com. Learn why this is important at https://aka.ms/LearnAboutSenderldentification ]
Re:ZBSA-26-1
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Hearing ZBSA-26-1
From Helen Spanswick <spanwalk@icloud.com>
Date Sun 6/21/2026 5:53 PM
To Codes <codes@townithacany.gov>
[You don't often get email from spanwalk@icloud.com. Learn why this is important at https://aka.ms/LeamAboutSenderldentification ]
Comment:
I appear to be at a severe disadvantage. I sent in an official complaint. After waiting close to a year , there is, for my neighbors, their relief
appeal hearing; there is no sign on the neighbors' property although I was promised by Mr Stonier to expect one. Why the long delay? The
wall is I assume supposedly finished. See unfinished drainage onto my property.
The official agenda for the appeal is dated June 12th , and I received a letter for the first time on June 18, telling me about the precise date of
my neighbors' appeal meeting. Today, the offices are closed, followed by the weekend. That leaves Monday before the Tuesday meeting. (A 2
week warning at least might be reasonable.)
I am being advised by many people to be present at the appeal . I will do my best to attend.
Sincerely,
Helen Spanswick
Sent from my Phone
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Date Mon 7/fu'2625 1029 AM
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07/31/2026
Matoula Halkiopoulos
RE: New Exterior Retaining Wall at 155 Westview Lane, Ithaca, NY
This letter is to certify the following:
- I conducted a site visit to the property at the mentioned above address, reviewed and
approved the drawing sketch done by the contractor. I've attached the contractor's
sketch on here for convenience.
- Based on the sketch and my field inspection and conversation with the contractor, the
recently built exterior retaining wall is structurally capable of handling the current
retained backfill.
Free to give me a call or e-mail if you have any questions. Orr KS ,
7
Javier E. Rosa, PE _ W
Senior Engineer, Partner, Structural Dept. f~
Taitem Engineering, D.P.C. onsab
m. 607.342.2881 9p�es�� aP''
jerosa@taitem.com
Exp. 10/31/2026
COA 0019034
cc:
Taitem Engineering, D.P.C. 110 South Albany Street, Ithaca, NY 14850 1 607-277-1118 1 www.taitem.com
Document 22 is a video from 8.3.26
22 155_Westview_Lane_-_Rain_Mon_Aug_3_2026_at_17-10-05
MEETING OF THE TOWN OF ITHACA
Zoning Board of Appeals
June 23, 2026
MINUTES
Present: Connor Terry Chair; Kim Ritter, Larry Sallinger and Barry Segal and Stuart Friedman
Marry Moseley, Director of Codes; Paulette Rosa, Town Clerk; and Nathan VanWhy,Attorney
for the Town
Mr. Terry opened the meeting at 6:00 p.m.
ZBSA-26-1 Appeal of Greg and Matoula Halldopoulos, owners, 155 Westview Ln., TP 58.-
2-39.541,MDR; seeking relief from Town of Ithaca Code section 270-223 (Fences and walls;
retaining walls). Town of Ithaca Code section 270-223 allows a maximum retaining wall height
of 3'when the retaining wall is within 5' of the property boundary line, where the applicant is
seeking special approval to allow the retaining wall to exceed 3'in height due to being less than
5' to the property boundary line.
Ms. Halkiopoulos gave her overview, saying that she bought the house 20 years ago and she
realized there was an issue in the back yard where there is a low point and she later found out
there was a pipe underground which collected water from the adjoining neighbors and continue
onto her neighbor's lot but it became clogged all the time, causing drainage issues in her yard,
pooling like a small lake.
She said she called the Town and was told there was nothing they could do about it and it was up
to her.
Ms. Halkiopoulos said she let it go and when it became clogged, she would pay DrainBrain to
unclog it at her cost, no neighbors would help with those costs. My neighbor would get upset
because DrainBrain had to access the pipe by going on her driveway because my yard would be
too flooded.
She said she got sick of this recurring problem and tried to talk to the neighbors,but they
wouldn't talk to her. This was a contractor mistake. They should have taken the water from the
hill and the neighbors to the town's system.
She said she decided to put in French drains and build a retaining to solve it permanently, and
she was not aware a permit was needed. There was a wall there, so she thought it was permitted.
She did what she needed to do on her section of the bad design and solve her problem. She added
that the former owner had also put in some French drainage to the driveway into the town's
system.
Ms. Halkiopoulos again apologized for not being aware of the Code.
Questions from the Board
ZBA 2026-06-23 (Filed 8/11) Pg. 1
Mr. Terry asked her if there was a retaining wall previously and is the one you installed the same
length?
Ms. Halkiopoulos responded that there was but they decided to build it higher.
Mr. Moseley shared his screen to show the submitted pictures of the wall and the survey with
property boundaries. The south end is close to the neighbor's property line and then is veers off
to the north.
The Board discussed the pictures of the wall and the French drains and whether there were pipes
coming out from the wall.
Ms. H stated that the neighbor harassed her workers and made them extend the French drains
onto their yard at her cost. She said there are no pipes and her nephew who did the work came up
to describe what he did/
Shane said that he is a Civil Engineer and he built the wall, at about 6'feet, and put drainage
under the wall and replaced the existing pipe; they are under the wall and not on her property.
The wall was backfilled with 2'feet of drainage stone. He said he cut back the laterals, and they
do go a couple of feet onto the neighbor's property and then onto the next property. The water is
going to go where it is going to go, and they probably helped the neighbors by slowing it down
and redirecting it.
Mr. Terry said it looks like that it is about 6' feet tall where 3'feet is permitted and the closest the
wall comes to the neighbors is an area less than 1' foot, then it veers off with the vast majority of
it within 5'feet of the neighboring lot.
Mr. Shane responded that it is 6'feet on the face front.
Mr. Moseley noted for the record that his office did not inform the applicant that a sign was
supposed to be posted on the property regarding the appeal in a timely manner, but when we did,
they immediately came in and posted it. He noted that the Town Code states that the posting of
the sign is not a fatal error and the Board can waive the requirement if good cause is shown.
He added that the neighbor notification,which is a courtesy, was sent out as usual 5 days prior to
the meeting and the legal ad was properly run.
Mr. Terry moved to waive the required posting of the notice given that there were multiple
neighbors present and the sign was posted about 24-hours prior to the meeting, and the Town
failed to inform the applicant, that was "good cause," seconded by Mr. Sallinger; unanimous.
Public Hearing-Mr. Terry opened the public hearing.
ZBA 2026-06-23 (Filed 8/11) Pg. 2
Helen Spanswick, next door neighbor, spoke, saying that if she had known about this before it
was done, her attitude may have been better and that she is not a nasty person even though the
applicants have called her that.
She said that there was no previous retaining wall, there was nothing. She said the pictures
showing the wall went, the slope was there and they took down her plants and her tree to put this
wall in.
She said she was nice enough to let them access there yard through her property for their
mowing and maintenance and then they do this. Took down a tree and killed some of my bushes.
Ms. Spanswick said the wall is ugly and there are drains, at least 6 of them,which get clogged
and animals have also made their own drains under the wall, and they cause drainage issues into
her garage, which also freezes in the winter, making her driveway a skating rink.
She said the wall was poorly built and all along the edge is open so there are more places where
the wash is coming out. The drains have no covers on them so there are a lot of animals now and
people told her to put traps out, but she doesn't want to do that, she wants it taken care of. The
nests and the dropping get washed out onto her driveway.
She said the pressure build up from the nests and blockages cause hydrostatic pressure which is
going to blow at some point and the wall is going to fall and she referenced the pictures included
in her emailed comments.
Ms. Spanswick said she had been working on gathering information and pictures for a year and
she was told she would get notice of the meeting,but she didn't until Thursday night, and Friday
was a holiday so a long holiday weekend, leaving her 1 day to prepare.
There were no signs. Her sons were going to attend but couldn't on such short notice,but one of
her sons did call the office today and they were going to zoom in.
She added that she spoke to a realtor who told her this would affect her property value and who
suggested she call a lawyer,which she did, and was told to wait to see what happened here
tonight.
She stated that there was no retaining wall there before this.
Andrew Spanswick spoke, saying that he was Helen's son and lived in Los Angeles and he
speaks to her every night and this issue has been going on for over a year. They didn't get a
permit and just built whatever they wanted wherever they wanted.
He said when he was there visiting about a year ago when they were building the wall, they had
cut the restraining straps out of the hill that were on the smaller little wall, and they just folded
them back, so there's no strapping holding that wall back, so who knows what can happen.
ZBA 2026-06-23 (Filed 8/11) Pg. 3
He said his mother had never had any sort of flooding issues at all and now, since that wall has
gone up, there's ice all over her driveway, going into her garage, causing a real hazard for her,
especially at her age. It is a real problem.
Mr. Spanswick said they didn't file for a permit, saying that they didn't care and would just get a
variance. They figured they could just bully my mother around and do whatever they wanted.
He said his mother told him they built this giant wall and now I have flooding in my driveway; I
have ice forming, I have flooding into my garage, and the town should be coming here and doing
something about it.
He said he was worried about her every day through the winter with her falling, and they haven't
offered any solutions.
Mr. Spanswick said he finds it very interesting that the owner of the house stated that there were
no drains, and yet there's obviously drains visible in the photos and there was a much lower wall
there before,with a hill, and they basically a built it up as high as they wanted and created a lot
of excess water building up behind that wall that just floods with no drainage system, causing his
mother issues.
He said he is hoping that the board can see that these people have created a huge issue on his
mother's lot,which has affected the value and requires her to disclose this water issue if whe
wants to sell the house.
There has been no concern about the effects on her mother from the neighbors and he felt that
they just thought that they could bully his mother and get a variance like they have for other
properties they have in the community, or so he was told; this is what they do, do it wrong,
without an engineer or professional oversight by the town, and then get a variance for not
meeting the requirements.
Mr. Spanswick said that the wall should be put back to its original height when there were no
drainage issues for his mother.
Amy Weirmont, a neighbor up the hill, spoke, saying that she can attest that the hill is very
damp and that she thought this variance was for something that had not been built yet and she
wanted to make sure that the 80'foot Oak and Black Walnut trees that are between their
properties were not affected by this.
A landscaper who works for both Ms. Spanswick and Ms. Halkiopoulos, said that this
subdivision has water issues because the water from up hill has to go somewhere, so it goes
down into those lowest yards. He said he didn't have any solutions, but it is a problem.
Mr. Spanswick spoke again, saying that his mother has lived there for several years and there
were no drainage issues until this wall was built because they didn't do the proper work to see
where the water would go if this was built, and now her house is flooded and that needs to be
addressed. When the other wall at 3' feet was there, the water didn't pool up and come down the
bottom and through the wall onto his mother's property.
ZBA 2026-06-23 (Filed 8/11) Pg. 4
They are saying"this is a beautiful new wall!"but so what if it is beautiful, it is causing issues
because it wasn't thought through and built correctly to mitigate issues like this.
Mr. Terry closed the public hearing.
Discussion
Mr. Moseley shared a topographical map of the area of the house under discussion, and stated
that he was not aware of any municipal drainage except for the roadway area that goes down the
road and is diverted down Route 79.
Mr. Terry said it looks like there is water coming from the north to south and then some from
east to west and when it hits the applicants front yard and driveway it goes west into the open
ditch,but it looks like the bulk of the water would be coming from the east and it would turn
before it would hit the retaining wall into the neighbor's property.
He said his intention is not to solve the problem but retaining walls don't create water. The
question is whether the retaining wall is changing the direction of the water flow. It seems it
would not,but the difference is that without the wall, it would be sheet flow spread out whereas
not with the wall, it is concentrated from these pipes, with more discharge points close to the
neighbor's property.
Mr. Terry stated that the Board has heard conflicting statements; there was a smaller wall and
there wasn't; there were drainage pipes before and there were not; there were drainage pipes and
they were replaced in the same spots.
The Board looked at the criteria for a special approval, noting that this is not a balancing test
type of determination but rather each standard under the criteria must be met.
Mr. Moseley explained that because the wall is built, Codes was not able to inspect it and
typically they would require and engineer or architect to inspect the wall and submit a report that
it was built in accordance with NYS Uniform Code.
If the variance for the height(3'feet permitted at this distance from a property line)then it would
meet Town Code for the purposes of the special criteria.
Mr. VanWhy noted that the special approval criteria are generally applied to a project and some
may not apply, with the key applicable criteria being#3 "Do operations in connection with the
proposed use create any more potential nuisances than the operation of any permitted use in this
particular zone?" and#7 "Will the project include sufficient landscaping and or other forms of
buffering to protect surrounding land uses?"
After some discussion, the Board felt they did not have enough information about the
construction of the wall and points of discharge,where drawings by a registered landscape
architect, licensed architect or licensed engineer would have that information along with any
ZBA 2026-06-23 (Filed 8/11) Pg. 5
impacts on drainage into nearby properties and possible mitigations. If the process had been
done correctly, appearing for a variance prior to being built, the drawings would have been
included in the materials.
Motion made by Mr. Terry to adjourn the appeal until no later than the September meeting to
give the applicant time to submit professional drawings of the built wall with confirmation of
structural integrity and a drainage plan. seconded by Mr. Friedman,unanimous.
Other business
Mr. Moseley reviewed upcoming appeals and confirmed attendance for purposes of a quorum.
The meeting was adjourned upon a motion and a second; unanimous.
Submitted by
16we�
Paulette Rosa, Town Clerk
ZBA 2026-06-23 (Filed 8/11) Pg. 6
9/2/26,9:25 AM OpenGov
Town of Ithaca
Inspection Report
Inspection: Re-Submission In-take Review
Inspector: Marty Moseley
Inspection Date: Sep 2, 2026
Record: Zoning Board of Appeals Special Approval Application
#ZBSA-26-1
Location: 155 Westview Ln, Unit Greg & Matoula Halkiopoulos,
Ithaca, NY 14850
Applicant: Spiros Halkiopoulos
BLD- Complaint Follow Up
Overall Result:
Overall Remarks:
On August 24, 2026 1 met onsite with Spiors Halkiopous,
applicant, and the contracting company that installed the
retaining wall. During the meeting, we measured the retaining
wall and it appeared to be approximately 65.5" in height. The
retaining wall appeared to have some possible areas were
small animals burrowed under the wall. The wall appeared to
have some areas, between the crushed stone footing and the
wall, where the wall was not in contact with the crushed
shone footing. There appeared to be multiple perforated
pipes, that are used as underdrains, that have been capped.
While on site, it was explained that underdrains were
disconnected to the two adjoining property owns and the
underdrains now terminate in a drywell in the side yard of the
property, closest to 153.5 Westview Lane, which is also in the
area that has been built-up by the new retaining wall.
Additionally, I met with one neighbor independently, Helen
Spanswick. Helen was concerned about the structural aspect
of the wall. I identified that a design professional, Javiar Rosa,
has written a letter and stamped a letter identifying that the
https://ithacany.workflow.opengov.com/#/inspect/i nspection-report/2718l 1/3
9/2/26,9:25 AM OpenGov
wall is structurally sound. She still expressed concern and
noted that the water is still impacting her garage and
driveway. She noted that a drainage plan was not shown to
her and she was not contacted to discuss a potential
drainage plan. I indicated that a drainage plan has not been
submitted as requested by the Zoning Board of Appeals and
the applicant will need to explain why one was not
summitted as requested by the board. Helen expressed
concern with not being notified of the meeting date. I
identified that the meeting will be held on September 22,
2026 at the Town Hall and the applicant will also need to
place the sign on their property. I noted that the neighbor
notifications will also be sent out by the Town.
i
v
https://ithacany.workflow.opengov.com/#/inspect/inspection-report/27181 2/3
9/2/26,9:25 AM OpenGov
9
https://ithacany.workflow.opengov.com/#/inspect/inspection-report/27181 3/3
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Document 26 video
26 155_Westview_La ne_-_Dry_1_Thu_Sep_3_2026_at_21-07-19
Outlook
Fw: Extra Info from Sept. 18
From Marty Moseley <MMoseley@townithacany.gov>
Date Mon 9/21/2026 8:22 AM
To Codes <codes@townithacany.gov>
Please add this email to the file for ZBSA-26-1.
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
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: Helen Spanswick<spanwalk@icloud.com>
Sent:Saturday, September 19, 2026 9:18 AM
To: Marty Moseley<MMoseley@townithacany.gov>
Cc:Andrew Spanswick<redcut@mac.com>
Subject: Extra Info from Sept. 18
Sorry to add this discovery made yesterday.
After having my yard person , Vitalli, take out ugly and dead bushes below the retaining wall and directly facing my kitchen window, he
discovered water seeping down to my driveway. This seepage he found smells of sewage. It explains the nasty sewage smells I have
occasionally detected in my garage..
I will call the Town of Ithaca Waste and Sewage Dept. on Monday morning to have the seepage tested. Sorry to send this message at the
weekend.
Sincerely,
Helen Spanswick
I
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PHOTOGRAPHIC EXHIBITS - RETAINING WALL/SITE CONDITIONS
Town of Ithaca,New York-Building/Permit Review I Page 1 of 4
Subject property: Submitted by:
t
EXHIBIT 1 EXHIBIT 2
Taken: June 23 2025 Date taken: Dec 2025 Description / relevance:
Description / relevance: View of bank before the wall- note how much lower the
Water heading for garage. ground was before the wall was put up and back filled to its
current height
EXHIBIT 3 EXHIBIT 4
Date taken: Dec 2025 Date taken: Dec 2025
Description / relevance: Description / relevance:
Driveway looking with bank on the left prior to wall View of bank prior to wall construction from the front door of
construction and land backfill to current hight and Mrs. Spanswicks residence.
encroachment.
w
EXHIBIT 5 EXHIBIT 6
Date taken: August 13, 2026 Date taken:August 14, 2026
Description / relevance: Description / relevance:
Opposing party constructing a new fence on the back filled Additional land backfill and fence construction on the
land and wall area still in contention, prior to any resolution contested building of the wall without permitting approval or
with the Town Board. application while still in contention with the Town Board.
PHOTOGRAPHIC EXHIBITS - RETAINING WALL/SITE CONDITIONS
Town of Ithaca,New York-Building/Permit Review I Page 2 of 4
a-o
EXHIBIT 7 EXHIBIT 8
Date taken:August 26, 2026 at 6:09 PM Date taken: September 13, 2026 at 9:49 AM
Description / relevance: Description /relevance:
Large Cane Corso dog in fenced backyard with large Construction of the fence and attempt to use bags of soil
gaps under the wire fence with only dirt at the bottom to fill multiple large gaps under the fence that is build on
of the fence. Posing a threat small kids and Mrs. the contested back-filled wall.
Spanswick.
EXHIBIT 9 EXHIBIT 10
Date taken: September 13, 2026 at 1:38 PM Date taken: September 2026
Description / relevance: Description /relevance:
Far end of the wall where which ends at the cleared hillside View of the sign posted for this Sept 22 hearing. Its posted
which acts as a water fall onto Mrs. Spanswick driveway. by the opposing party on their neighbors garage door. It is
not readable or adequately visible from the road and is
misleading as to which property owner is involved.
Li
r
EXHIBIT 11 EXHIBIT 12
Date taken: June 2026 Date taken: Dec 2025
Description/ relevance: Description/relevance:
Showing excessive water pooling from the wall as it then Drain at left end of wall, one of 5 installed, one at either end,
moves toward the garage. It shows the wall has reduced 3 in middle area.Also shows that the wall is leaning
and obstructed the ditch and drainage system that outwards and to the left.
prevented flooding and ice build up prior to the walls
construction.
PHOTOGRAPHIC EXHIBITS - RETAINING WALL/SITE CONDITIONS
Town of Ithaca,New York-Building/Permit Review I Page 3 of 4
i V
I�
EXHIBIT 13 EXHIBIT 14
Date taken: June 2026 Date taken: June 2026
Description / relevance: Description /relevance:
Evidence of excessive water pooling from the wall and the Showing how the water has run from the wall towards the
which drain no longer functions adequately. garage and is still pooling after two days of no rain. Shows
that the prior drainage no longer functions, and that the
current unpermitted wall/altered drainage flooding Mrs.
Spanswickis driveway.
EXHIBIT 15 EXHIBIT 16
Date taken: June 2026 Date taken: June 2026
Description/ relevance: Description /relevance:
Detail of the new additional land clearing , fence Another angle of the fence built on contested back filled wall
construction and dirt bottom with large gaps-all built since land. Soil packs placed in an attempt to block holes under
the last hearing on contested non-permitted wall the fence. Fence posts have additional solar panel charged
construction and backfill. This has creating water run off to automatic lighting on the top of each post.
the hillside and onto Mrs. Spanswicks driveway avoiding
the originally existing drainage system.
4
i
EXHIBIT 17 EXHIBIT 18
Date taken: June 2026 Date taken: Dec 2025
Description/ relevance: Description/relevance:
New drain installation at the bottom of the wall. It shows Shows water leaking through the wall as snow melts.Also
plastic above the drain and under the wall, which results in note the ramping hillside at the end of the wall to the right.
water coming through the wall. This is clear evidence of Also note the absence of the new fence.
drains denied by the neighbor at the last hearing.
PHOTOGRAPHIC EXHIBITS - RETAINING WALL/SITE CONDITIONS
Town of Ithaca,New York-Building/Permit Review I Page 4 of 4
EXHIBIT 19 EXHIBIT 20
Date taken: June 2026 Date taken: June 2026
Description / relevance: Description /relevance:
Evidence of how the water has come from the wall and now Taken shortly after a moderate rainfall. Note the excessive
pools at Mrs. Spanswicks garage and front entranceway water pooling and non-functioning drain that prior to the
creating water damage to the garage and creating unpermitted walls construction had drained this water down
conditions for excessive ice build up in the winter. This and out the the streets gutter.
posses high risk to Mrs Spanswicks welfare.
.Y.
t�f
I }
EXHIBIT 21 EXHIBIT 22
Date taken: June 2026 Date taken: June 2026
Description/ relevance: Description /relevance:
Wild animals including rabbits and chipmunks have dug Water draining down the unpermitted and back filled
away the rocks that are covering the prior existing drainage devegetated bank creating pooling of water at the end of
system and show plastic coming from under the walls Mrs Spanswicks driveway. This adds to the flooding and
construction and over the prior existing drainage system. damaging of the garage.Also creating water pooling
creating additional ice on the driveway during snow melting
and refreezing during colder months.
EXHIBIT 23 EXHIBIT 24
Date taken: June 2026 Date taken: June 2026
Description/ relevance: Description/relevance:
More evidence of water pooling from the damaged drainage View from the back end of the driveway showing water
system and wall. pooling from the wall, bank, and damaged drain. Prior to
the wall being built this water adequately drained to the
street gutter.
9/23/26,3:37 PM Re:Public Hearing testimony-9.22.26-Lori Kofoid-Outlook
Outlook
Re: Public Hearing testimony - 9.22.26
From Andrew Spanswick <redcut@mac.com>
Date Wed 9/23/2026 1:26 PM
To Town Of Ithaca Clerks Department <clerks@townithacany.gov>; Marty Moseley
<MMoseley@townithacany.gov>; Lori Kofoid <LKofoid@townithacany.gov>; Robert Spanswick
<rspans@gmail.com>; Helen Spanswick <spanwalk@icloud.com>
(� 1 attachment(75 KB)
Ithaca_Zon i ng_Board_Speech_September_22_2026.pdf,
You don't often get email from redcut@mac.com. Learn why this is important
September 23, 2026
To: Paulette Rosa, Town Clerk— clerks@townithacany.gov Cc: Lori Kofoid, Zoning Board of
Appeals; Town Attorney; Director of Code Enforcement Subject: Formal Objection, Request for
Case Records and FOIL Request— ZBSA-26-1, 155 Westview Lane
Dear Ms. Rosa:
Attached is the written statement I presented at the September 22, 2026, Town of Ithaca Zoning
Board of Appeals meeting concerning application ZBSA-26-1, involving Greg and Matoula
Halkiopoulos of 155 Westview Lane.
Please distribute this correspondence and its attachment to every member of the Zoning Board
of Appeals and include both in the official case record. I request written confirmation of their
receipt and inclusion.
This letter also documents several procedural objections, requests clarification of actions that
may have been taken without our knowledge, and constitutes a formal request for records
under the New York Freedom of Information Law.
1. Recognition of my role as my mother's representative
At the September 22 meeting, my mother, Helen Spanswick, who owns the adjoining property
and is directly affected by this construction, expressly requested that I be recognized as her
representative in these proceedings.
Despite that request, I was informed that I could speak only during the general public-comment
period and was initially limited to three minutes. Following my objections, I was permitted
approximately nine minutes before my microphone was muted.
about:blank?wi ndowld=SecondaryRead ing Pane8 1/7
9/23/26,3:37 PM Re:Public Hearing testimony-9.22.26-Lori Kofoid-Outlook
I was unable to complete my presentation of the relevant evidence and procedural objections
while the Board continued considering work performed or proposed by the applicants.
New York Town Law §267-a(7) permits a party to appear at a Zoning Board hearing personally or
through an agent or attorney. We request written clarification of my mother's procedural status,
the Board's treatment of her request that I represent her, and the basis on which my
participation was restricted.
We also request that the Board accept my complete written statement and accompanying
photographic evidence and provide a meaningful opportunity to address engineering
submissions that were not previously disclosed to us.
2. The June hearing and the agreed engineering review
At the initial hearing on June 23, the Board facilitated what we understood to be a cooperative
process between the two property owners.
Our understanding was that the applicants would obtain two engineering evaluations
addressing distinct questions: the structural integrity of the retaining wall and the drainage and
flooding affecting my mother's adjoining property.
We further understood that both reports and any proposed corrective plans would be made
available for review before the Board considered final approval.
My mother agreed to this approach in good faith, rather than insist upon immediate
enforcement measures, because we believed it offered a reasonable opportunity to resolve the
dispute.
At the September 22 meeting, however, the applicants discussed work already undertaken, work
underway and additional proposed measures. We had not received the engineering plans or
reports governing that work, and, to our knowledge, the requested drainage evaluation was not
presented.
We therefore object to any characterization of the construction or corrective measures as having
been reviewed and accepted by both affected property owners.
To the extent that the Board has departed from the procedure discussed at the June hearing, we
request identification of the decision authorizing that departure and the reasons for it.
3. Outstanding permitting, construction and drainage concerns
At the June hearing, we understood the Town Attorney to identify significant issues concerning
the wall's construction without the necessary approvals, its proximity to the property boundary
and its height.
Town Code §270-223(B) generally requires special approval for retaining walls exceeding three
feet in height when located within five feet of, and running substantially parallel to, an adjoining
property line. The Code also establishes how wall height is measured and references separate
building-permit requirements.
about:blank?wi ndowld=SecondaryRead ing Pane8 2/7
9/23/26,3:37 PM Re:Public Hearing testimony-9.22.26-Lori Kofoid-Outlook
We request that the Town formally establish the wall's dimensions, original grade, distance from
the property boundary, permit history and compliance with all applicable requirements.
We also request clarification of the status and legal authorization for the additional construction
that appears to have occurred since the June hearing.
Of particular concern is the apparent alteration of drainage patterns and the continuing
accumulation of water on my mother's property. We have documented water emerging from
the retaining wall and concentrated runoff toward her driveway and garage. We are concerned
that the construction may also have obstructed the preexisting French drain.
These problems are unresolved, and the damage and associated expenses continue to accrue.
Given my mother's age of 83 and the approaching winter, the risk of runoff freezing on her
driveway requires prompt attention. We have also reported a sewage-like odor near the
drainage area and requested an investigation of its source.
We request an immediate review by the appropriate Town engineering and enforcement
personnel, including an assessment of whether additional work should be suspended pending
verification of the necessary approvals and adequate drainage safeguards.
4. Public-notice objections
We also reiterate our concerns regarding the required public-notice signs.
At the June hearing, we observed that the sign had been posted only the day before the
meeting. Before the September hearing, we observed a sign placed high on another neighbor's
garage, well away from the road and not readily visible to passing residents.
Town Code §270-237 specifies posting and visibility requirements and requires that the signs be
maintained until final Board action. We request the Town's records establishing when and where
the signs were posted, whether they were continuously maintained, and whether any posting
requirement was waived.
Please include our objections in the case record.
5. Formal Freedom of Information Law request
Pursuant to New York Public Officers Law Article 6, 1 request electronic copies of the following
records, to the extent they are maintained by or available to the Town, concerning application
ZBSA-26-1 and the associated retaining-wall, fill, drainage and construction work at 155
Westview Lane:
1. The complete application file, including original and amended applications, supporting
documents, site plans, surveys, grading plans, engineering drawings, drainage calculations,
environmental review documents, photographs and other submitted exhibits.
2. All engineering reports, inspection findings, professional recommendations, corrective
plans and related submissions received by the Town, including records documenting the
about:blank?wi ndowld=SecondaryRead ing Pane8 3/7
9/23/26,3:37 PM Re:Public Hearing testimony-9.22.26-Lori Kofoid-Outlook
instructions, scopes of work and deliverables for both engineering evaluations discussed
at the June hearing.
3. All issued, pending, denied or withdrawn building, zoning, grading, fill, drainage and
stormwater permits or approvals, including applications, inspection reports, certificates,
notices of violation, orders to remedy, stop-work orders, and records of any authorization
for additional construction since June 23.
4. The complete agendas, meeting packets, minutes, resolutions, votes and available audio
or video recordings of the June 23 and September 22 hearings, together with any existing
official transcripts and records of other Board proceedings concerning this application.
5. Records of communications concerning this application among the applicants or their
representatives, engineers, Board members, Town employees and Town consultants,
including relevant emails, letters, memoranda, meeting notes and text messages
maintained as Town records.
6. All decisions, determinations, resolutions, written approvals and conditions concerning the
application, including the dates each was rendered and filed, together with records
supporting any authorization for work that has already occurred.
7. Public-hearing notices, proofs of publication, sign-posting records, photographs,
affidavits, mailing records and any waivers or determinations concerning compliance with
notice requirements.
8. The Board's applicable hearing and public-comment procedures, together with records
documenting the disposition of my mother's request that I appear as her representative.
This request covers relevant records from January 1, 2025, through the date the Town processes
this request, including earlier records incorporated into the current application.
Please provide the records electronically, preferably in their original electronic formats. Because
the engineering reports and any existing decisions are time-sensitive, I request that available
copies of those documents be provided immediately rather than held until the entire FOIL
request has been processed.
If any requested records are withheld, please identify the applicable statutory basis for
withholding them and provide all reasonably segregable, nonexempt portions.
If the Town does not maintain particular records, please identify that fact and, if known, the
office or agency responsible for them.
6. Decisions already issued and Article 78 deadlines
We are particularly concerned about whether the Board or any Town official has already
authorized additional work, approved revised construction plans, or issued any other
determination affecting our rights.
about:blank?wi ndowld=SecondaryRead ing Pane8 4/7
9/23/26,3:37 PM Re:Public Hearing testimony-9.22.26-Lori Kofoid-Outlook
Under New York Town Law §267-c, an aggrieved person generally must commence an Article 78
proceeding challenging a Zoning Board decision within 30 days after that decision is filed with
the Town Clerk.
We therefore request written confirmation of whether any decision, approval or determination
concerning this application has been issued or filed, the exact date of each filing, and copies of
the relevant documents.
If no final determination has been made, please confirm the current procedural status of the
application, whether the public hearing remains open, and the date of the next scheduled
proceeding.
Please also identify any separate administrative determinations authorizing the additional work
that has occurred and the dates and offices in which those determinations were filed.
We are concerned that construction may have proceeded pursuant to decisions or
authorizations of which we were unaware. We intend to obtain legal advice promptly
concerning all applicable administrative and judicial remedies, including an Article 78
proceeding where appropriate.
Accordingly, we request prompt notice by email of any further decisions or filings. We
understand that this request does not extend or suspend any statutory deadline.
7. Preservation of records and reservation of rights
Because litigation is reasonably anticipated, I request that the Town refer this correspondence to
the Town Attorney and take appropriate steps to preserve all existing records relevant to this
dispute, including electronic communications, meeting recordings, engineering submissions,
inspection records and documents relating to permits or additional construction.
My mother reserves all applicable rights to challenge administrative decisions and pursue
recovery of damages from parties legally responsible for the harm to her property, including any
claims against the Town that the evidence and applicable law may support.
Our cooperation at the June hearing did not constitute consent to undisclosed construction,
acceptance of incomplete engineering evaluations or a waiver of our legal rights.
We continue to seek a reasonable resolution. However, that resolution must address the actual
drainage conditions, prevent further damage, and provide a documented and enforceable plan
before winter.
Please confirm receipt of this correspondence, its distribution to Board members, and its
inclusion in the case record. I also request the formal acknowledgment and anticipated response
date required for the FOIL request.
Thank you for your prompt attention to this matter.
Sincerely,
about:blank?wi ndowld=SecondaryRead ing Pane8 5/7
9/23/26,3:37 PM Re:Public Hearing testimony-9.22.26-Lori Kofoid-Outlook
Andrew Spanswick On behalf of Helen Spanswick 310-435-8096 redcut@mac.com
Attachment: Written statement presented at the September 22, 2026, Zoning Board of Appeals
meeting. IkofoidCcbtownithacany_gov.
On Sep 23, 2026, at 8:53AM, Helen Spanswick <spanwalk@icloud.com> wrote:
Sent from my iPhone
Begin forwarded message:
From: Marty Moseley <MMoseley@townithacany.gov>
Date: September 23, 2026 at 8:25:58AM EDT
To: Helen Spanswick <spanwalk@icloud.com>
Cc: Town Of Ithaca Clerks Department <clerks@townithacany.gov>
Subject: Public Hearing testimony - 9.22.26
Helen,
I was wondering if your son would be willing to send us his public hearing
testimony from the meeting last night so it can be incorporated in the record
more accurately?
If this is possible, please email it to the following email address:
clerks@townithacany.gov
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
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.
about:blank?wi ndowld=SecondaryRead ing Pane8 6/7
9/23/26,3:37 PM Re:Public Hearing testimony-9.22.26-Lori Kofoid-Outlook
about:blank?windowld=SecondaryReading Pane8 7/7
9/23/26,3:37 PM Re:Public Hearing testimony-9.22.26-Lori Kofoid-Outlook
Outlook
Re: Public Hearing testimony - 9.22.26
From Andrew Spanswick <redcut@mac.com>
Date Wed 9/23/2026 1:26 PM
To Town Of Ithaca Clerks Department <clerks@townithacany.gov>; Marty Moseley
<MMoseley@townithacany.gov>; Lori Kofoid <LKofoid@townithacany.gov>; Robert Spanswick
<rspans@gmail.com>; Helen Spanswick <spanwalk@icloud.com>
(� 1 attachment(75 KB)
Ithaca_Zon i ng_Board_Speech_September_22_2026.pdf,
You don't often get email from redcut@mac.com. Learn why this is important
September 23, 2026
To: Paulette Rosa, Town Clerk— clerks@townithacany.gov Cc: Lori Kofoid, Zoning Board of
Appeals; Town Attorney; Director of Code Enforcement Subject: Formal Objection, Request for
Case Records and FOIL Request— ZBSA-26-1, 155 Westview Lane
Dear Ms. Rosa:
Attached is the written statement I presented at the September 22, 2026, Town of Ithaca Zoning
Board of Appeals meeting concerning application ZBSA-26-1, involving Greg and Matoula
Halkiopoulos of 155 Westview Lane.
Please distribute this correspondence and its attachment to every member of the Zoning Board
of Appeals and include both in the official case record. I request written confirmation of their
receipt and inclusion.
This letter also documents several procedural objections, requests clarification of actions that
may have been taken without our knowledge, and constitutes a formal request for records
under the New York Freedom of Information Law.
1. Recognition of my role as my mother's representative
At the September 22 meeting, my mother, Helen Spanswick, who owns the adjoining property
and is directly affected by this construction, expressly requested that I be recognized as her
representative in these proceedings.
Despite that request, I was informed that I could speak only during the general public-comment
period and was initially limited to three minutes. Following my objections, I was permitted
approximately nine minutes before my microphone was muted.
about:blank?wi ndowld=SecondaryRead ing Pane8 1/7
9/23/26,3:37 PM Re:Public Hearing testimony-9.22.26-Lori Kofoid-Outlook
I was unable to complete my presentation of the relevant evidence and procedural objections
while the Board continued considering work performed or proposed by the applicants.
New York Town Law §267-a(7) permits a party to appear at a Zoning Board hearing personally or
through an agent or attorney. We request written clarification of my mother's procedural status,
the Board's treatment of her request that I represent her, and the basis on which my
participation was restricted.
We also request that the Board accept my complete written statement and accompanying
photographic evidence and provide a meaningful opportunity to address engineering
submissions that were not previously disclosed to us.
2. The June hearing and the agreed engineering review
At the initial hearing on June 23, the Board facilitated what we understood to be a cooperative
process between the two property owners.
Our understanding was that the applicants would obtain two engineering evaluations
addressing distinct questions: the structural integrity of the retaining wall and the drainage and
flooding affecting my mother's adjoining property.
We further understood that both reports and any proposed corrective plans would be made
available for review before the Board considered final approval.
My mother agreed to this approach in good faith, rather than insist upon immediate
enforcement measures, because we believed it offered a reasonable opportunity to resolve the
dispute.
At the September 22 meeting, however, the applicants discussed work already undertaken, work
underway and additional proposed measures. We had not received the engineering plans or
reports governing that work, and, to our knowledge, the requested drainage evaluation was not
presented.
We therefore object to any characterization of the construction or corrective measures as having
been reviewed and accepted by both affected property owners.
To the extent that the Board has departed from the procedure discussed at the June hearing, we
request identification of the decision authorizing that departure and the reasons for it.
3. Outstanding permitting, construction and drainage concerns
At the June hearing, we understood the Town Attorney to identify significant issues concerning
the wall's construction without the necessary approvals, its proximity to the property boundary
and its height.
Town Code §270-223(B) generally requires special approval for retaining walls exceeding three
feet in height when located within five feet of, and running substantially parallel to, an adjoining
property line. The Code also establishes how wall height is measured and references separate
building-permit requirements.
about:blank?wi ndowld=SecondaryRead ing Pane8 2/7
9/23/26,3:37 PM Re:Public Hearing testimony-9.22.26-Lori Kofoid-Outlook
We request that the Town formally establish the wall's dimensions, original grade, distance from
the property boundary, permit history and compliance with all applicable requirements.
We also request clarification of the status and legal authorization for the additional construction
that appears to have occurred since the June hearing.
Of particular concern is the apparent alteration of drainage patterns and the continuing
accumulation of water on my mother's property. We have documented water emerging from
the retaining wall and concentrated runoff toward her driveway and garage. We are concerned
that the construction may also have obstructed the preexisting French drain.
These problems are unresolved, and the damage and associated expenses continue to accrue.
Given my mother's age of 83 and the approaching winter, the risk of runoff freezing on her
driveway requires prompt attention. We have also reported a sewage-like odor near the
drainage area and requested an investigation of its source.
We request an immediate review by the appropriate Town engineering and enforcement
personnel, including an assessment of whether additional work should be suspended pending
verification of the necessary approvals and adequate drainage safeguards.
4. Public-notice objections
We also reiterate our concerns regarding the required public-notice signs.
At the June hearing, we observed that the sign had been posted only the day before the
meeting. Before the September hearing, we observed a sign placed high on another neighbor's
garage, well away from the road and not readily visible to passing residents.
Town Code §270-237 specifies posting and visibility requirements and requires that the signs be
maintained until final Board action. We request the Town's records establishing when and where
the signs were posted, whether they were continuously maintained, and whether any posting
requirement was waived.
Please include our objections in the case record.
5. Formal Freedom of Information Law request
Pursuant to New York Public Officers Law Article 6, 1 request electronic copies of the following
records, to the extent they are maintained by or available to the Town, concerning application
ZBSA-26-1 and the associated retaining-wall, fill, drainage and construction work at 155
Westview Lane:
1. The complete application file, including original and amended applications, supporting
documents, site plans, surveys, grading plans, engineering drawings, drainage calculations,
environmental review documents, photographs and other submitted exhibits.
2. All engineering reports, inspection findings, professional recommendations, corrective
plans and related submissions received by the Town, including records documenting the
about:blank?wi ndowld=SecondaryRead ing Pane8 3/7
9/23/26,3:37 PM Re:Public Hearing testimony-9.22.26-Lori Kofoid-Outlook
instructions, scopes of work and deliverables for both engineering evaluations discussed
at the June hearing.
3. All issued, pending, denied or withdrawn building, zoning, grading, fill, drainage and
stormwater permits or approvals, including applications, inspection reports, certificates,
notices of violation, orders to remedy, stop-work orders, and records of any authorization
for additional construction since June 23.
4. The complete agendas, meeting packets, minutes, resolutions, votes and available audio
or video recordings of the June 23 and September 22 hearings, together with any existing
official transcripts and records of other Board proceedings concerning this application.
5. Records of communications concerning this application among the applicants or their
representatives, engineers, Board members, Town employees and Town consultants,
including relevant emails, letters, memoranda, meeting notes and text messages
maintained as Town records.
6. All decisions, determinations, resolutions, written approvals and conditions concerning the
application, including the dates each was rendered and filed, together with records
supporting any authorization for work that has already occurred.
7. Public-hearing notices, proofs of publication, sign-posting records, photographs,
affidavits, mailing records and any waivers or determinations concerning compliance with
notice requirements.
8. The Board's applicable hearing and public-comment procedures, together with records
documenting the disposition of my mother's request that I appear as her representative.
This request covers relevant records from January 1, 2025, through the date the Town processes
this request, including earlier records incorporated into the current application.
Please provide the records electronically, preferably in their original electronic formats. Because
the engineering reports and any existing decisions are time-sensitive, I request that available
copies of those documents be provided immediately rather than held until the entire FOIL
request has been processed.
If any requested records are withheld, please identify the applicable statutory basis for
withholding them and provide all reasonably segregable, nonexempt portions.
If the Town does not maintain particular records, please identify that fact and, if known, the
office or agency responsible for them.
6. Decisions already issued and Article 78 deadlines
We are particularly concerned about whether the Board or any Town official has already
authorized additional work, approved revised construction plans, or issued any other
determination affecting our rights.
about:blank?wi ndowld=SecondaryRead ing Pane8 4/7
9/23/26,3:37 PM Re:Public Hearing testimony-9.22.26-Lori Kofoid-Outlook
Under New York Town Law §267-c, an aggrieved person generally must commence an Article 78
proceeding challenging a Zoning Board decision within 30 days after that decision is filed with
the Town Clerk.
We therefore request written confirmation of whether any decision, approval or determination
concerning this application has been issued or filed, the exact date of each filing, and copies of
the relevant documents.
If no final determination has been made, please confirm the current procedural status of the
application, whether the public hearing remains open, and the date of the next scheduled
proceeding.
Please also identify any separate administrative determinations authorizing the additional work
that has occurred and the dates and offices in which those determinations were filed.
We are concerned that construction may have proceeded pursuant to decisions or
authorizations of which we were unaware. We intend to obtain legal advice promptly
concerning all applicable administrative and judicial remedies, including an Article 78
proceeding where appropriate.
Accordingly, we request prompt notice by email of any further decisions or filings. We
understand that this request does not extend or suspend any statutory deadline.
7. Preservation of records and reservation of rights
Because litigation is reasonably anticipated, I request that the Town refer this correspondence to
the Town Attorney and take appropriate steps to preserve all existing records relevant to this
dispute, including electronic communications, meeting recordings, engineering submissions,
inspection records and documents relating to permits or additional construction.
My mother reserves all applicable rights to challenge administrative decisions and pursue
recovery of damages from parties legally responsible for the harm to her property, including any
claims against the Town that the evidence and applicable law may support.
Our cooperation at the June hearing did not constitute consent to undisclosed construction,
acceptance of incomplete engineering evaluations or a waiver of our legal rights.
We continue to seek a reasonable resolution. However, that resolution must address the actual
drainage conditions, prevent further damage, and provide a documented and enforceable plan
before winter.
Please confirm receipt of this correspondence, its distribution to Board members, and its
inclusion in the case record. I also request the formal acknowledgment and anticipated response
date required for the FOIL request.
Thank you for your prompt attention to this matter.
Sincerely,
about:blank?wi ndowld=SecondaryRead ing Pane8 5/7
9/23/26,3:37 PM Re:Public Hearing testimony-9.22.26-Lori Kofoid-Outlook
Andrew Spanswick On behalf of Helen Spanswick 310-435-8096 redcut@mac.com
Attachment: Written statement presented at the September 22, 2026, Zoning Board of Appeals
meeting. IkofoidCcbtownithacany_gov.
On Sep 23, 2026, at 8:53AM, Helen Spanswick <spanwalk@icloud.com> wrote:
Sent from my iPhone
Begin forwarded message:
From: Marty Moseley <MMoseley@townithacany.gov>
Date: September 23, 2026 at 8:25:58AM EDT
To: Helen Spanswick <spanwalk@icloud.com>
Cc: Town Of Ithaca Clerks Department <clerks@townithacany.gov>
Subject: Public Hearing testimony - 9.22.26
Helen,
I was wondering if your son would be willing to send us his public hearing
testimony from the meeting last night so it can be incorporated in the record
more accurately?
If this is possible, please email it to the following email address:
clerks@townithacany.gov
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
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.
about:blank?wi ndowld=SecondaryRead ing Pane8 6/7