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HomeMy WebLinkAbout2004-12-15 - BZA TOWN OF ULYSSES ZONING BOARD OF APPEALS 12/15/2004 PRESENT : Chairman George Tselekis, Members Jim Hickey, Carl Mann, Gerald Van Orden, and Joel Warren, Code Enforcement Officer Alex Rachun, and Zoning Typist Karin Lanning. ALSO PRESENT : Jack Lewis, Applicant, Vincent Mulcahy-Architect for the Applicant, Kenneth Avery, Jan Avery, Heinz Riederer, Anna Riederer, Carl West, John Hoffman, i Randi Beckmann, Tim Fallon, Nancy Bentley, and Ed Biondi . Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7 : 35 pm. The purpose of the public hearing was to hear comments on two area variance requests from Jack Lewis for 7 Maplewood Point Road and 8 Maplewood Point Road, known also as tax parcels 29- 1 - 14 and 29- 1 - 15 , respectively, for the purpose of constructing on these two lots, both of which consist of less than one acre, have less than 200-feet of frontage, and whose front yards will, after construction, consist of less than the 75 feet from the highway right-of-way required by the Zoning Ordinance . Chairman Tselekis asked the Applicant to describe the project. Vincent Mulcahy, Architect spoke as the Applicant ' s agent. Mr. Mulcahy explained Mr. & Mrs . Lewis recently purchased 8 Maplewood Point Road and are currently constructing a residence at 7 Maplewood Point Road . They plan to make the residence at 7 Maplewood Point Road their year-round residence and are requesting the variance for the purpose of adding a porch to the residence that is currently under construction. The porch will allow for an improved use of the lake- front property. At 8 Maplewood Point Road, the Lewis ' would like to demolish an existing residence and an existing garage and construct a building that would include storage for beach-related functions, guest quarters for extended family, an indoor exercise pool, and a garage . Mr. Mulcahy presented the Site Plan that reflected one modification from that submitted to the Code Enforcement Officer as part of the variance application. Mr. Mulcahy explained the modification reflects the fact that he and the Lewis ' have worked out a means to effectively eliminate removal of excavated material from the site while still building into the hillside. Mr. Hickey noted the Site Plan shows the existing structures at 8 Maplewood Point Road have a 650 square foot and a 1 , 040 square foot footprint. Mr. Hickey asked Mr . Mulcahy what the footprint of the proposed structure will be. Mr. Mulcahy answered the footprint of the new structure will be 2 , 800 square feet. Carl West asked Mr. Mulcahy to point out where the Site Plan submitted tonight differs from the one submitted previously. Mr. Mulcahy indicated the modification . Mr. Mulcahy presented photos of the existing conditions at both sites to the ZBA . Randi Beckmann asked what the elevation of the new structure at 8 Maplewood Point Road would be . Mr. Mulcahy answered it will be 26 feet and asked Mr. Rachun if this is not the Town ' s maximum allowable height. Mr. Rachun answered the Town does not have a maximum allowable roof elevation for residential structures . Randi Beckmann asked how the 26-foot elevation compares to the existing house and the existing garage. Mr. Mulcahy answered the existing house ' s roof elevation is between 22 and 23 feet, and also noted the lake- facing side of the structure will be set back a significantly greater distance from the lake than the existing, which he believes will improve the sight line . 2 Zoning Board oif Appeals 12/ 15/2004 Mr. Mulcahy stated the railing at the top of the existing garage has an elevation of 17 to 18 feet. Mr. Hickey asked if the plan is to demolish two structures and construct one large structure? Mr. Mulcahy rioted he would not necessarily say the structure will be large, but it will be one structure . John Gorsky of 6 Maplewood Point Road stated he rted the members of the Maplewood constructed at ;7 Maplewood Point Road and reported Association met to consider this matter. Noting an apology if he is speaking out of turn, Mr. Gorsky stated he believes the consensus of the Association is that they have no objections to the proposed project . Mr. Gorsky stated the Applicant has , in his current construction project done a very good job of addressing the criteria and concerns identified by the Association when that project came before the ZBA. . Mr. Hickey thanked Mr. Gorsky for his statement, noting it explains the attendance of the many members of the public . Mr. Mann noted it seems the project ' s impact will be lessened by the elimination of the need to remove excavated material . John Hoffman asked Mr . Mulcahy if the elevation of 17 to 18 feet for the garage currently existing at 8 Maplewood Point Road includes the railing. Mr. Mulcahy answered yes . Mr. Hoffman asked if, then, the elevation of the proposed building would be about 9 feet above that of the existing. Mr. Mulcahy answered yes . Mr. Hoffman asked how deep the side yard will be . Mr. Mulcahy explained there is a septic field located in the side yard, so the applicant is limited as to how far he may extend the building into that area. Mr. Mulcahy stated the building will set back about 11 feet from the side property line in question. Mr. Van Orden asked what will be built into the side of the bank. Mr. Mulcahy indicated on the Site Plan what improvements will require excavation and explained most of the excavation will take place in the vicinity of the property line between 7 and 8 Maplewood Point Road . Mr . Van Orden asked if the bank consists of shale. Mr. Mulcahy answered it does not, and is comprised of a very deep layer of sand and loam, with, he assumes , clay beneath . Mr. Mulcahy reiterated at the request of Mr. Lewis the fact that the plan and hope is to distribute the excavated material on the site . e Hearing no further comments from either the public or the BZA, Mr. cke u of e of following in prefacing a motion regarding the area variance request p constructing a porch at 7 Maplewood Point Road, also known as tax parcel 29- 1 - 14 : First, that the Board of Zoning Appeal typically deals with lakefront properties somewhat more liberally than other properties se, as a rule, lakefront properties do not conform to the requirements of the Zoning Ordinance; that said, each area variance must conform to the requirements o f the Zon n g be and is carefully considered by the Board of Zoning Appeals, and Zoning Board of Appeals 3 12/ 15/2004 Secondly, that the Maplewood Point Association has taken the time to be present at this public hearing, for which the Board of Zoning Appeals thanks them, and has expressed their support of the Project. So noting the above, Mr. Hickey moved the following, which Mr. Mann seconded : Whereas, the variation in relation to the requirement is not substantial given the purpose of the project and the context, and Whereas, there will be no increase in population density and therefore no increase in the demand for governmental services, and Whereas, there will be no change in the character of the neighborhood and no detriment to adjoining properties, as evidenced by the assent of the neighbors in attendance at this hearing, and Whereas, the difficulty cannot be obviated by any alternative feasible method that would not necessitate an area variance, Be It Hereby Resolved that an area variance be granted to Jack Lewis for the purpose of adding a porch to the residence he is constructing at 7 Maplewood Point Road, which property is also known as tax parcel 29- 1 - 14 . Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Van Orden aye Mr. Warren aye The motion carried and the variance was granted . Mr. Hickey noted the following in prefacing a motion regarding the area variance request for the purpose of constructing a residence at 8 Maplewood Point Road , also known as tax parcel 29- 1 - 15 : First, that the Board of Zoning Appeal typically deals with lakefront properties somewhat more liberally than other properties because, as a rule, lakefront properties do not conform to the requirements of the Zoning Ordinance ; that said, each area variance must be and is carefully considered by the Board of Zoning Appeals, and Secondly, that the Maplewood Point Association has taken the time to be present at this public hearing, for which the Board of Zoning Appeals thanks them, and has expressed their support of the Project . So noting the above, Mr. Hickey moved the following, which Mr. Warren seconded : Whereas, the variation in relation to the requirement is not substantial given the circumstances, and Whereas, there will be no increase in population density and therefore no increase in the demand for governmental services , and Whereas, there will be no change in the character of the neighborhood and no detriment to adjoining properties, but rather it appears the project will result in an improvement to the neighborhood, and Whereas , the difficulty cannot be obviated by any alternative feasible method that would not necessitate an area variance, Zoning Board of Appeals 4 12/ 15/2004 Be It Hereby Resolved that an area variance be granted to Jack Lewis for the purpose of constructing a residence at 8 Maplewood Point Road, which property is also known as tax parcel 29- 1 - 15 . Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Van Orden aye Mr. Warren aye The motion carried and the variance was granted . Mr. Hickey moved to approve the minutes of October 6, 2004 as drafted. Mr. Mann seconded. Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Van Orden abstained Mr. Warren aye Adopted . Hearing no further business , Mr. Mann moved to adjourn the meeting ; Mr. Hickey seconded . Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Van Or, den aye Mr. Warren aye Chairman Tselekis adjourned the meeting at 8 : 00 pm . Respectfully Submitted, Karin Lanning Zoning Typist KTL:kl I