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Home My WebLink AboutZBA Draft 7-12-21ffi EW" VILLAGE OF CAYUGA HEIGHTS 836 HANSHAW ROAD. ITHACA. NY. I4850 (607) 2s7-t238' FAX: (607) 2s7-49t0 ZoningBoard of Appeals Monday, Jtrly 12,2021 7:00 p.m. Present: Chair: L. Staley; R. Parker; J. Sauer; S. Barnett; M. Friend; Code Enforcement Officer B. Cross; Attorney R. Marcus; Deputy Clerk P. Rich; B. Ramshaw. 1. Call to Order: Chair L. Staley called the meeting to order at 7:03 p.m. 2. Approval of Minutes of Zoning Board of Appeals meeting: Jlulae 7 ,2021 BE IT RESOLVED THAT: The Village of Cayuga Heights Zoning Board of Appeals approves the May 3,2027 minutes as presented. Motion: R. Parker Second: M. Friend Ayes: L. Staley; R. Parker; M. Friend Nays: None Abstentions: S. Barnett 3. Variance Request: 402 Hanshaw Road (Tax Parcel9.-3-7 .2; An application to construct a new 8'ta1l open mesh fence at the above referenced address has been denied. A portion of the new fence is proposed to be 3' from the front property line on Highland Road, which is less than the 25' required by the 2018 Village of Cayuga Heights Zoning Ordinance Section 305-19. A: Yard Requirements. o B. Cross: AZonrng Permit Application for 402 Hanshaw Road (Tax Parcel 9.3-7.2)Brad Ramshaw and Natasha Holmes (owners) are seeking a front yard variance. Requirement is to be no closer to the property line than 25": they are seeking a reduced set back to 3'. The fence is 90oh see through mesh and is allowed on an 8'fence, the variance request is limited to the set back reduction. Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www.c oyu go.fi eights. ny. us Deer fence at 402 Hanshaw Brad Ramshaw & Natasha Holrnes Goa ls Keep deer out of Yard Minimize visibility M inimize water crossings 1. 2. 3. VILLAGE OF CAYUGA HEIGHTS 836 HANSHAW ROAD. ITHACA. NY. 14850 (607) 2s7-1238' FAX: (607) 2s7-49t0 o B. Ramshaw made the following presentation: Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www.coy u ga-h eights. ny. us ffi ,rrEqffi{fr;l\w VILLAGE OF CAYUGA HEIGHTS 836 HANSHAW ROAD. ITHACA. NY. 14850 GOn2s7-t238 'FAX: (607) 2s7-49t0 Fence rnaterial 8 foot black wire Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www. c ay u ga-h eigh rs. ny. us plN ffi ( \ r..{*. s,-: rr::1lj VILLAGE OF CAYLIGA HEIGHTS 836 HANSHAW ROAD . ITHACA. NY I4850 (607) 2s7- 1238 ' FAX: (607) 257-4910 ii t: f.: ,F t 1 .{;..! fsirY ' !.ri ./:Jrr'ryr $: q*: .'..r./'i!t tr _r Aa', ti tlh.*s $ f tl: ${!a *.: ' "1'}: r!; ,l.rrbi r\) d{sa ".'r:.tr!.' ia r: $:J. ': oo(rF. (l.a),rll.rt 'sts:i ;r:.rl:ji r- \s!Y !!J r: \r {&tsr: t:r1t 'F$ Fqfio -.3.ZP - t'#.'** ..'-1,rl,.i -4,9 Police Dept. & Yillage Administration OFFICE HOURS 9 AM - 4:30 PM www, coyu ga-h etghts.ny.us t r.\IE \t? \E :st,r1 ai3r}.^tBN //s' . l:L 7\t VILLAGE OF CAYLIGA HEIGHTS 836 HANSHAW ROAD. ITHACA.NY. I4850 (607) 257-t238 FAX: (607) 2s7-49 t0 view from photo 't. view from photo Fence exits the brush here Distance from property line = 1_4', . 1O'gate Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www.coyu go-h eights.ny.us AE + )-.t \8.+ ffi <W; VILLAGE OF CAYUGA HEIGHTS 836 HANSHAW ROAD' ITHACA. NY. 14850 $0n2s7-1238 'FAX: (607) 2s7-49t0 1. 2. Achieving our goals: Keep deer out . All fence = 8' tall Minimize visible fence . Total length of visible fence: . 10'gate . 12'to the culvert ' 10' over the culvert . 32'Total ' Large-opening black wire . Black posts M ini mize water crossi ngs . No additional water crossing 3. Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www.coyu go-h aihts. ny. us VILLAGE OF CAYLIGA HEIGHTS 836 HANSHAW ROAD ITHACA.NY. I4850 (607) 2s7-1238 FAX: (607) 2s7-49t0 View from inside the property Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www. coy u ga-h eights.ny. us VILLAGE OF CAYL-IGA HEIGHTS 836 HANSHAW ROAD ITHACA NY. 14850 (607) 2s7 -1238 FAX: (607) 257-49 t0 t."a' ..., Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www.coyu ga-h eights.ny.us VILLAGE OF CAYUGA HEIGHTS 836 HANSHAW ROAD. ITHACA. NY. I4850 (607) 2s7 -t238' FAX: (607) 2s7 -4e t0 Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www. coy u go-h eights. ny. us VILLAGE OF CAYUGA HEIGHTS 836 HANSHAW ROAD. ITHACA.NY. I4850 (607) 2s7 - t 238' FAX: (607) 2s7 -49 t 0 Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www.cayu go-h eights.ny. us \/ILLAGE OF CAYLIGA HEIGHTS 836 HANSHAW ROAD. ITHACA,NY. I4850 (607) 257-t 238 FAX: (607) 2s7-49t0 r' k i fyI-t.- 1 r Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www.coyu go-h erghts. ny. us VILLAGE OF CAYUGA HEIGHTS 836 HANSHAW ROAD . ITHACA' NY. 14850 GOn2s7-1238 'FAX: (607) 2s7-49t0 Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www. cay u ga-h eights.ny. us VILLAGE OF CAYLIGA HEIGHTS 836 HANSHAW ROAD . ITHACA . NY . I4850 (607) 2s7-1238 FAX: (607) 2s7-49 t0 oM. Friend: What is the difference with this variance from previous variance request? oB. Ramshaw: Removed about 100' of fencing, moved much of it back within the 25' setback. oL. Staley: Is the gate straight? oS. Barnett: What material is the gate made from? oB. Ramshaw: The gate is made from the same material as the fence mesh and 90oh see through. The gate is 10' w,ide so if we need to have a truck get in, we can. oS. Barnett: What is the set back of the gate? oB. Ramshaw: The gate is setback 14'. The properfy line is weird, it's at an angle. oM. Friend: The gate, what is it for? Is it just to have for when and if it's needed? oS. Bamett: To clarify, the gate is as needed, mostly to have available when needed? oB. Ramshaw: The primary purpose of the gate is to pull logs through, not just for trucks to be able to drive through. oB. Cross: The culvert needs to be addressed. (ZBA members saw communication vis email between B. Cross and B. Ramshaw) The culvert was put in 10 years ago. It has been treated and maintained by the Village of Cayuga Heights. If this variance request is passed and the fencing will be placed, it will be the responsibility of the properry owners to maintain. PUBLIC HEARING Opened at7:27 p.m. r. B. Cross: A letter was sent to the Zonrng Board of Appeals by village member P. Schwartz who was unable to attend meeting. The letter was provided to all ZBA members prior to meeting. Police Dept. & Village Administration OFFICE HOURS I AM - 4:30 PM www.coy u gr.h ei g!u. ny. u s ffi(w VILLAGE OF CAYLIGA HEIGHTS 836 HANSHAW ROAD . ITHACA . NY I4850 (607) 2s7-1238 FAX: (607) 2s7-49 t0 To:Zoning Board of .Appeals Date :7 /72/27 Re: Variancs application. For *02 Hanshau, Rd. Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www. cay u ga -h erghts. ny. us Regretably, I arn unable to aitend this evening's meettng to address rhe rrariance requesrby 402 Hanshaw Rd. for an I ftrot tall fence, 3 Let from rie property line along Hightandroad' Please don't take my absence as a lack of interest ln rf,is issue. I oppo$e allorving thisvariance for several reasons, any one of rvhich shoulcl suffice as a reasor for deniat, buttaken together are even rnore convincing. The proposed goal of this variance is to prolect planrs from deer, rvhile alorving an easyway to cross the smalt creek u,ith a fence. This long segment of this very tall fence rvoutd be highly visible to Ehose of us rhat iiveacross the street from it, as well as to the mulriple comrnunl{members who rvalk, Lrike anddrive by it lt rvould be an eyesore, likely io remain for perpeiuiry. Reasonable alternatives exist: Most obvious woulcl be to set rhe fence back ro legal placernenr, ?5 feet back frsm theproperly line, and have it span the creek bed. rvhile this rn,ould leave a gap over the crcek,dlargap would only be about 2 feet at its nadir, tapering.upiary ro no gap. Thar,s when thecreek is dry; usually the creek is flowing or frozen. r ruipul"l highly motiyaretJ srnall deercould military-crarvl rhrough this space bur ir is unliket3,. lf this small spac€ were really a concern, it would be relativcly simple to design a porousbarrier that would pivot only one $ray under the the base of ti.re fence, allowiig ,rJr; anadebris to flow downstream, but not allowing rctrograde passage. A secsnd option rvould be to have the fence on the south side of the creek. Clearly tlriswould be easier while still aclrieving ias goal. A gate could be placed for easrl-v p"ssag... Fin*ly, keep in mind, the nurnber of deer in the neighborhr.rod has crrarnarir:aily ,1u.,,n*r. ,ois not difficult to landscape with plants thaf are not preferred by cieer. ruen so*e speciesonce quickly eaten by deer are doing w*ll these days -- I see r1oi,rr, arhorvirae and iulipsthriving on my un-fenced proptrty ir, hlghty dee-r sensitiuu piunti,lg lirere ar risk, a sirnple,isolated protective ner$ng would suffice alou'cr rhat parricutl. ptnnr. ffi(wi VILLAGE OF CAYLIGA HEIGHTS 836 HANSHAW ROAD . ITHACA . NY. I4850 (607) 2s7 - I 238' FAX: (607) 2s7 -49 t0 Sxploring Cayuga Heights. it is difficulL to iind an eight foor rall fence so close ro theproperty line as that proposed in this case. ln aCdition to the part of rhe fence runnrng three feet from the prope rry tine. the cornbined 44 feei of ieniing exrcnding from the 2Sfoot setback and then returning to it rvould also be visihle ancl vi-otating .o.i*. To obtain a variance, there shauid be a strong need, no alternarives, and minimal impact r:n the community. Clearly this sicuarion does nar quatig. Re spectfully, Peter Schu,artz \ il I.\(;i ()l ('\\'tl(i\ I [:l(il I IS SJ6HANSHAWROAD I?HACA NY I€50 i6071 257-l]18 FAX: {607) 2!7-4910 /uring lloard \lcr'tinl Juh 11. ll)ll PLfAS0 PRIT"T Do 1-ou uish to speak? lndicalc l'rs or Io , \o('{,ry i/rreirt'r(,t' ! Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www. coyu go-h eights. ny. us Irme/Anonl mous ..;-ir."^.\ 'I- t{ui ffi(w, VILLAGE OF CAYLIGA HEIGHTS 836 HANSHAW ROAD. ITHACA.NY. I4850 (607) 2s7-1238 FAX: (607) 2s7-4910 oJ. Ehrenreich: Requested what height is the fence? oB. Cross: The variance is not about the height of the fence as it rs 90oh see through, it's about the setback which is 3' from property line. oJ.Ehrenreich: If the fence is to keep the deer out, where do the deer go? oB. Cross: That question comes up with almost every fence variance. ZBA members have guidelines; they never let fences go end to end so that deer can slip through. oK. Lacson: I have been staring at the orange stakes, the fence would be very visible and would be an eyesore. In the last few years, the deer population has declined. The culvert is dry most of the year and I don't think it's that big of a responsibilitl'to maintain it. oJ. Halpin: The fence on Highland Road would be very visible and an eyesore. No one else in the neighborhood has one. Since April I have only seen 6 deer. In the presentation the pictures are while the shrubs and bushes are all green. Personally, I feel other things can be done, the fence should be furlher back. PUBLIC HEARING CLOSED: 7:39 p.m. Variance is SEQR Exempt: 617.5(c)(16). The Zoning Board of Appeals, then considered each of the five required questions: Whether sn undesiroble chsnse will be produced in the character of the neiehborhood or detriment to nearby properties will be created bv granting the area variance. Finding: Two neighbors voiced the fence will be intrusive and an o'eyesore" The length of exposed fencing is small (approximately 30-32 feet) compared to the length of the property and the remainder of the fence (over 200 ft.). The ZBA members split on the following findings: The fence is mostly transparent. The use of black post and wire minimrze lhe visibility, especially given the shrubbery behind the fence. It would not be an undesirable change in the character of the neighborhood. The lbnce will be tall and visible especially in the udnter. It will be an undesirable change in the character of the neighborhood. Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www.coyu ga-h eights.ny. us ffi ( VILLAGE OF CAYUGA HEIGHTS 836 HANSHAW ROAD. ITHACA. NY. 14850 $0n2st-1238 'FAX: (607) 2s7-49t0 Left blank due to tie among lhe ZBA members. YES NO Whether the benefit sousht bv soplicant can be achieved bv some method feasible for the applicant to pursue other than the variance. Finding: The fence could be built at25' set back but would entail crossing of the stream. One of the applicants' goals is to avoid crossing the stream. The fence could be on the south side of the stream. The applicant wishes to have the stream apart of the landscaping within his yard. A culverl could be inserted within the setback to allow at-grade crossing without a variance. The creek has a very wide bed and has knee-high fast flow in the spring and during hear.ry rain. B. Cross agreed with the applicant that putting in a culvert would be both expensive and likely unsuccessful. YES X NO Vfhether the requested area variance is substantial. Finding: The setback is reduced from 25'to 3'. which is substantial but is only 10-15yo of the property length on that side. YES X NO l4thether the proposed area variance will have an adverse effect or impact on the phvsical or environmental conditions in the neishborhood or district, Finding: The fencing material will not hinder small animals, \l'ater, or wind. There is room for deer to pass through the property outside the fence. The additional portion of the propefiy that will exclude deer by virtue of the variance is a very small porlion compared to what is allowed without the variance. YES NO X Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www. cay u go-h eights.ny. us VILLAGE OF CAYUGA HEIGHTS 836 HANSHAW ROAD . ITHACA. NY. I4850 (607) 2s7 - t238' FAX: (607) 7s7 -49 t 0 LYhether the olleeed difficultv wss self-created. Finding: The applicant wishes to include the stream without actually putting the fence through the stream. A shofier, allowed fence at the same location would not exclude deer. YES X NO oR. Marcus: For any resolution to pass it needs 3 votes, then there is no granting variance with conditions. Members of the Zonrng Board of Appeals discussed the following: portion subject to the variance. oThe property map does not show the stream accurately oThe stream wanders within a broad bed and the "bump out" to cross the culvert is the minimum width to avoid posts within the stream bed. oThe gate is angled to avoid additional shrub and tree removal. but is not contributing to the width of the fence Members of the Zontng Board of Appeals discussed the following: portion subject to the variance. oM. Friend: Asked if there are other options for the fencing and the gate that would be visible on Highland Road such as Aluminum, brown, and or wood? oR. Parker: Black is the lease visible. The opinions of neighbors are very important, and we always consider that in deciding variances. The decision is a balance between the applicant and the community, not just the neighbors. oMotion: R. Parker made a motion to approve variance with the condition the fence be built substantially as described in the application and the applicant should maintain signilicant shrubbery in the area to the extent possible while allowing access to the culvefi as needed. Seconded: L. Staley Resolution # 2101 Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www.cayu go-h eights.ny. us ffi (W.r. VILLAGE OF CAYLIGA HEIGHTS 836 HANSHAW ROAD. ITHACA.NY. I4850 (607) 2s7 -l 238 FAX: (607) 2s7-49 t0 BE IT RESOLVED THAT: The Village of Cayuga Heights Zoning Board of Appeals grants the variance at 4O2 Highland Road with the provision that the condition of the fence be built substantially as described in the application and the applicant to maintain significant shrubbery in the area to the extent possible while allowing access to the culvert as needed. Ayes: L. Staley, R. Parker, and S. Barnett tr/ays: M. Friend Abstentions: None oL. Staley: Inquired if there was any new business Police Dept. & Village Administration OFFICE HOURS 9 AM - 4:30 PM www. cayu go -h eights. ny. us