HomeMy WebLinkAboutFinal Draft 6-7-21 ZBAffi(wei
VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD. ITHACA.NY. 14850
(60n2s7-1238 'FAX: (607) 2s7-4et0
ZoningBoard of Appeals
Zoom Meeting lD# 97294127510
Monday, Jlune7,2021
7:00 P.m.
Present: Chair: L. Staley; R. Parker; J. Sauer; S. Bamett; M. Friend: Code Enlorcement Officer B.
cross; Mayor L. Woodaid; Attomey R. Marcus; C. Muhlberger; L. Huang, E. Quaroni,; J' Halperin;
Aviya, C. New Cottage: P. Schn'artz; K. Lacson; B. Ramshaw'.
1. Call to Order: Chair L. Staley called the meeting to order at 7:00 p.m.
2. Approval of Minutes of Zoning Board of Appeals meeting: May
BE IT RESOLVED THAT: The Village of Cayuga Heights Zontng Board of Appeals approves
the May 3,2021 minutes as presented.
Motion: R. Parker
Second: J. Sauer
Ayes: L. Stalel,; R. Parker; J. Sauer; S. Barnett' M. Friend
Nays: None
Abstentions: None
3. Variance Request: 510 Hanshaw Road (Tax Parcel 6.-11-5)
Request by Linda Huang (owner) of 5 10 Hanshau, Road (tax parcel 6.- 1 1-5) to allow a new
6' high mesh fenie to be located approximately 5' set back liom the fiont propefiy line, w'hich is
less than the 25' setback required by 2018 Village of Cayuga Heights Zoning Ordinance Section
305-19. A: Yard Requirements.
r B. Cross: A Zoning Permit Application for a new fence at 510 Hanshaw Road. On the map
provided with the application, the fence is around the entire propefiy line is compliant as a 6' high
^90%
op.n mesh see through material u,ith the exception of the portion that falls into the front yard
setback that w.ould tall anynhere betw'een the front property line and 25' back from properly line.
The variance is to ask for a 5'buffer instead of the required 25' set back.
o L. Huang, (owner) we plan to have at least a 5' barier of plantings between property line and
fence installed by professional landscaper The Plantsman for privacy screen using native plants and
vegetation.
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VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD. ITHACA. NY. I4850
(607) 757 - 1238' FAX: (607) 2s7 -49 t 0
o B. Cross: The variance tonight is not about the 6'high fence 90% open mesh material around the
property which is allowed on th. sides and back of propeft.y It's just about front property proposed
fence that is less than the required 25' setback. Task for tonight is to decide if the 6' fence can be
less than the 25' setback and in some instances as close as 5' in the front yard.
o L. Huang provided a slide sho*,u.ith explanation of plans. The slide sho*'is included in the
application. They need a 6' fence for dog containment; the black woven *-ire st1'le is in keeping
with the common style of fencing in Cayuga Heights. A 6' fence will not visually stand out in the
front yard, 1r.hich *itl b. professionally landscaped u.ith a native plant privacy hedge and is visually
unobtiusive. The fence will be entirely on their property and will be visually camouflaged, there
will be no significant environmental impact, as small animals can pass through, and the open fence
st.vle u,ill not impede surface $,ater or nind flow. Due to the drop in elevation from the road, the
fence will appear low'er than 6' above ground level.
o J. Sauer: If removing cur:rent vegetation, ll'hat will stay and what r"'ill go?
o L. Huang: We will remove invasive species such as Buckthorn, Bush Honeysuckle, Multiflora
Rose and retain current ornamental and native plants such as Vibumum, Sumac" Lilac, Oak, and
plant other additional native plants. The landscaping will be professionally done by The Plantsman.
o J Sauer: Wili you be n'orking in the Village's Right of Way?
o L. Huang: We understand we require the Village's Forester permission prior to removal any
invasive species in the Village's Right of Wa.v.
o L. Staley: Will the dog be able to dig under the fence?
o L. Huang: The fence will be 2"-3" underground.
o S. Barnett: Asked if the Village has an1, plans on changing or getting rid of the landscaping that is
current in the right of way that applicant is discussing?
o B. Cross: The Village has no plans to redo the right of way. if it becomes overgrown, u'e will ask
the owner to trim it back.
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VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD. ITHACA.NY. 14850
G}n2s7-1738 'FAX: (607) 2s7-4et0
4. Public Hearing opened: 7:27 P.m.
No one from the public wishes to speak.
Public Hearing closed at 7:28 P.m.
Variance is SEQR Exempt: 617.5(c)(16).
The Zoning Board of Appeals, then considered each of the five required questions:
Finding: The owners could build a fence at the setback line, but it w'ould cut through the middle of the
yard. Fencing u.ill not be visible due to the existing landscaping and dense vegetation which applicants
propor. to maintain and due to the drop in elevation from the road" the fence will be less visible.
YES X NO
Dursue other than the variance.
Finding: They could train the dog or have it on a leash. The fence could be erected at the setback.
YES X NO
Whether the requested area votiance is substsntial.
Finding: The setback is reduced from 25' to 5', which is substantial. This is mitigated by the elevation
drop along the frontage.
YES X NO
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VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD. ITHACA NY 14850
(607) 2s7 -1238 FAX: (607) 257'49 10
Finding: The fencing material will not hinder small animals, water, or wind. Vegetation in front of
fencinglecreases visibility of fencing. There is similar fencing in the Village.
YES NO X
Whether the alleeed difficultl) h,as self-created.
Finding: Owners wish to provide a higher fence for their dog without losing much of their liont yard.
Owners could train dog to remain in yard.
YES X NO
o Motion: S. Barnett made motion: To accept variance to be built substantially as proposed with a
condition to maintain landscaping that provides a buffer in front of the fence.
oSeconded: R. Parker
BE IT RESOLVED THAT: The Village of Cayuga Heights Zoning Board of Appeals grants the
variance request at 510 Hanshaw Road with the provision to maintain landscaping and vegetation as a
buffer in front of the fence and the fence to be built substantially as described in the application
presented to the Zonrng Board of Appeals.
Ayes; L. Staley, R. Parker, J. Sauer, S. Barnett, M. Friend.
lMaysz None
Abstentions: None
oB. Cross: Informed the applicant the Variance has been approved and permit issued etfective
immediately, anyone can appeal the decision within 30 days.
5. Variance Request: 402 Hanshaw Road (Tax Parcel9--3-7.2)
Request by Brad Ramshaw & Natasha Holmes (owners) of 402 Hanshaw Road to construct a
new 8' tall open mesh fence to be located 0' from the front property lines on both Hanshaw and
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VILLAGE OF CAYLIGA HEIGHTS
836 HANSHAW ROAD. ITHACA NY I4850
(607) 2s7-1238 FAX: (607) 2s7-49t0
Highland Road which is less than the 25' setback required by 2018 Village of Cayuga Heights
ZoningOrdinance Section 305-19. A: Yard Requirements'
o B. Cross: A ZonrngPermit Application is for a neu' fence at 402 Hanshaw Road. The applicant
is seeking a variance for i fence largely around the perimeter of the property al 402 Hanshau' Road. The
fence r,l.ill include 2 frontages as the properly is basically 3 sided, Hanshaw Road to the east and
Highland Road to the wesiu,ith the majority of the fence length in the front yards. A portion of the
prJposed side yard fence is not subject to variance as an 8' 90oZ see through mesh type 1-ence is allowed.
The variance is not for the height of the fence: it is for the encroachment into the 25' front yard setback,
as the applicant is seeking 0' setback.
oL. Staley: Is the fencing on Highland Road within the 25' set back?
oB. Cross: Highland Road is considered fiont yardage and is subject lo 25' setback as is Hanshaw
Road. The applicant is seeking 0' setback.
o S. Barnett: Asked if the ZBA needed to discuss an email that was sent from a neighbor regarding
the rear yard f-ence? The email states that the neighbors negotiated to maintain a buffer betn'een their
tu,o fences. The revised fence line they discussed and marked is not in the variance application.
o B. Cross: Since author of email was not able to attend ZBA meeting. the applicant can discuss the
revision in more depth and provide a clarification of the email and the discussion with the neighbor.
That portion of the fence does not require a variance.
trom: Justjn fulurfi n < justr*.murfi n@corneli. *du >
Sent: Monday, iune 7, 2021 4;55 PM
To: Lucy Staley <lslaley@cayuga.he15hts.ny.us>; Srsnt Cr0ss <bcrossScayuga-ie;ghts.ny.us>
Cc: Brad Rarnshaw <brad.ramthaqr@gnnail.com>
5ubject: Variance meenng
I won'1 be dbhr to attend the roning rneetng tonigir!. Brad Rnrnlhi:|w and I met regnrding the vari;nci: lor.102
Hansharl,. We discu:sed moving thc proposed k,nee {urther rnfo the tnl*rror ol hrs p.6p1'1'1t to m.ir1ti]rn a
signifirant [:uf{er httlveen the our two fenc*s. Based on the {enct'line we dilrus:rrj and markerj irrol thr one ir}
thc application or letter $en! M;iy ?7]. I hare no ablecxon to hib pran,
lhanks,
.iustrn Murhn
615 Hrghland Road
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\TILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD. ITHACA.NY. I4850
(607) 2s7 -l 238 FAX: (607) 2s7 -49 t0
oR. parker: The ends of the f-ence in the back the ZBAmay need to be discussed at least the comers?
o B. Cross: Agreed, possibly the ends of the fence. The buffer betu''een the fences the applicant and
the neighbor agreed upon has iess impact then what is on the map in the application and w-hat is
proposed.
o S. Barnett: To clarify, the fence in the back yard between the applicant and the neighbor is
compliant with all Zoningregulations except on the ends where it gets close to the side roads.
oB. Ramshaw: provided a map u,hich is part of application. Explained the lot betw'een applicant and
neighbor J. Mufin. each neighbor absorbe d % of the lot prior to current owners. The curent owners have
agrled to maintain approximately 30' gap in between fences for wildlife: the area is heavily wooded.
The neighbors have ih. ,u*" kind of fence as we are proposing. The applicant provided a slide show of
-up. urrl pictures that ll,ere provided in the application. With the existing f'encing there are places w-here
the deer come through and they are eating all the landscaping and garden. They are asking for an 8'
fence as deer can jump a 6' fence. This t-vpe of fence is very common in the village. There will be no
visible fence on the front propefiy. The only section that would be visible is by the drivewa.v, that will
be 6' high and aluminum r.l-ith i gut., u,hich is also very common in the area. The fence will then go
down below the retaining wal1 and will transition into the open mesh t-encing. It will be entirely invisible
in summer and winter. The retaining wall is 6' below the road 1evel, it will be an 8' fence but w'ill appear
much shorter from the road and is hidden by a hedge atop the retaining n'a11. The f-ence rvill have to go
down through the creek by a gas line r,r.hich is on the Village's propert-v. We are asking for a 3' setback
from our property line. The fence will be 15' in from the pin on Hanshaw Road in the brush and do*'n
through the backyard. On Highland Road the fence would hug the brush line and the only place the
fence would be visible is for approximately 10'near the existing culvert. It goes above the culvert then
again through the brush, 3' baik liom the propefiy line along Highland Road, and then (u'here people
pirk for the elementary school) up through the brush line which is thick all year round. A gate will be
put in, so we have access to the back yard. It will not be visible from the road, although you may be able
to see a little of the fence during the winter months. We enjo.v the creek on our propert,v: that is one
reason why u.e have it inside of the fence line. It also erodes a lot. causing rocks and stones to come
through the back yard. We maintain it and have planted grass to help eliminate the erosion.
Our d-og is not the primary reason we are requesting the variance: it is to keep the white tail deer out and
to stopihem from eating our garden and landscaping. It is also to keep our dog and future child within
ou, yard. This type of fence is very common in the Village and it is mostly obscured except for the
approximately 10' on Highland Road.
rR. parker: The section above the culvert on Highland Road, wili the fence extend near the second
Oak Tree and mailbox? Will it be visible on the far side of the culverl or is it back in the brush?
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VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD. ITHACA' NY. 14850
$0n2s7-t238 'FAX: (607) 2s7-49t0
o R. Ramshaw: It will be in the brush. We will have to cut the brush back and the brush will regrow'
into the fence.
oB. Cross To clarif!, the variance application w'as advertised. and the actual denial letter described a
0' setback but it is actually a 3'setback. The applicant is looking to maintain 3' as he has explained. If
the variance is approved the applicant's explanation ofa 3' set back is accepted.
oR. Marcus: Concurs with Brent and explained that this point relates to the provisions of the Zontng
Lan'that the ZBA shall grant the applicant minimal variance necessary to accomplish the applicant's
goals. The applicant is presenting something with less impact than originally requested. I have no issues
ihat the application and advertisement ll'as for 0' setback and they are now requesting a 3' setback.
o S. Barnett: Request the applicant explain more in-depth the plans for the impact on the cuffent
vegetation.
oB. Ramshaw.: On Hanshaw Road there will be no impact, on Highland Road, my understanding is
we can cut a path through 2'-3' back of the current vegetation, brush, and shrubs to put the fence in. I
haven't put a-fence in with Whitmore before, so I really don't know. I did ask them if we w'ould have to
clear all vegetation to put the fence in and he said no. It just needs to be accessible to put posts and u'ire
in.
o S. Barnett: Asked if the vegetation on the Highland Road side of the propert) has to be cleared to
the fence location making the fence more visible until it grows back or will clearing be the vegetation
on the inside of the proposed fence? Mostly concerned about the roadside view.
o R. Parker: I have put a deer fence in with Whitmore" if you infonn them u'hat they can and cannot
do, it may cost a little more but they will put fence in the *'ay you request. My deer fence they put in by
hand and did not cut down any vegetation, it's up to you w'hat you insist.
o B. Ramshaw: Our goal will be not to cut any vegetation and shrubs vr'ithin reason.
o J. Sauer: Not sure what goal is being met *'ith fence being put on outside of greenery on
Highland Road and not on the inside?
r B. Ramshaw requested J. Sauer explain more in depth his question.
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VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD ITHACA. NY. 14850
(607) 2s7'1238 FAX: (607) 2s7-4et0
o J. Sauer: I have no issues with the Hanshaw Road side. On Highland Road you're not protecting
your yard, you're talking about going on the other side of all the greenery. Why not keep the fence in
your yard that would solve the deer problem?
oB. Ramshaw: Asked J. Sauer where exactly on Highland Road he u'as asking about?
o J. Sauer: On Highland Road w'hy does the f-ence need to be visible al all?
oB. Ramshaw: Fence must go around bottom of creek: we are trying to limit how-many times the
fence crosses the creek.
o J. Sauer: I encourage you not to do anything in the creek. Where I use to live, they u'ould not allow
you to. If you want to have access to the creek w-ith your dog and kid put in a gate.
o B. Cross: From the edge of the pavement of Highland Road to the Oak Trees is approximately
8'-10', and the property line is still another 5' further into the propefiy from there. If we look at 3' as
proposed by the applicant, \\.e are probably looking at 3'-5' onthe inside of the Oak Trees. It may have
t..r, u good idea to have stakes placed w'here the fence would be fbr visual effects. I understand J.
Sauer's-question but I do not think the1, will be able to stay 3' parallel to the propert-v line" it may have
to peek out at the corner then go back in and peek out again near the mailbox.
oJ. Sauer: I am asking why it has to be on the road side of those existing trees at all, they have a yard
on the other side of those trees and if they put the fence there it would meet all their goals.
o B. Ramshaw: That would put the fence on the other side of the creek.
o R. Parker: Stated: That is not what they are asking fbr.
o M. Friend: Asked if the culr,ert is the same as the creek and asked to point out on the map where the
fence n'ill cross the creek?
o B. Ramshaw: Pointed out on the map where the creek and culvert are and explained the creek
angles in the culvert and goes under the road. It is 3' in from the properly line. He pointed out where it
will cross on both Hanshau,and Highland Road sides of the propert-Y.
oS. Barnett: If you just moved the fence line in on both sides, then you w'ill still have access to the
creek and the proposed fence r.l'ill not be seen by anyone but you.
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\TILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD. ITHACA NY 14850
(607) 2s7 - I 238 ' FAX: (607) 257 -49 l0
o B. Ramshaw.: That would add a second creek crossing w'hich is not desirable.
oB. Cross: The culvert pipe is projecting into his property by 5'-10'. To keep the fence out of the
bottom of the creek, bringing thel-ence out tow'ards his property line provides them the opportunitl'to
have the fence go over the culvert instead of going down into the creek.
oB. Ramshaw agreed with what B. Crossed explained.
oL. Stale,v: Once you cross the culverl. the f-ence could be angled more into the vegetation.
o B. Ramshaw: That is our goal. To run it through the brush as much as possible.
oS. Barnett: Requested of applicant to shor.l, on the map hou' far the brush and vegetation go into his
property?
oB. Ramshaw again shou,ed on the map where the brush and vegetation go on his property line. He
then explained he does not want to run the fence line into the creek but over the culvert and stated he is
happy to have the fence go through the brush and vegetation. He stated they will do whatever it takes to
keep the visibility of the fence to a minimal.
oS. Barnett: The brush appears thick enough to be able to run the lbnce through it as R. Parker
suggested.
o J. Sauer: Asked applicant how thick is the brush on your propefiy, how many feet?
oB. Ramshaw: It varies in sections but approximately 20'-25' thick.
oJ. Sauer: Why not put the fence 25' feet in?
oB Ramshaw: Asked J Sauer if he meant to put the fence directly in his back,vard on the grass?
o J. Sauer: Yes, put in on the edge of the yard and that would satisfy what the village setbacks are.
o R. Parker: The applicants have stated in the variance application that they w-ould like to avoid
putting the fence down into the creek, let's please move forward.
oJ. Sauer: I am trying to ask what goal is being served by this variance? If they move it in, then the
variance doesn't have to haPPen.
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VILLAGE OF CAYLIGA HEIGHTS
836 HANSHAW ROAD. ITHACA.NY. I4850
(607) 257-t 238 ' FAX: (607) 257-4910
o L. Staley: There is still a variance in the front yard and due to the cuh'et1, w-e need to move on.
o B. Ramshau,.: We will put rhe fence inside the brush and vegetation, so it is not visible from the
road.
o M. Friend: To the applicant: You started out with 0' setback, then ll'ent to 3' setback and now
you're willing to have the fence in the brush. How'many feet back would that be?
o B. Ramshaw: On Highland Road it will be a 3' setback from the mailbox on. In the brush past the
first Oak Tree it will be approximately 10'-15'.
6. Public Hearing opened: 8:20 P.m.
ep. Schw.artz.. An8' fence on Highland Road will be an eyesore to the community and for everyone
that walks by it. It makes sense to put fence on the inside of the propefiy line, a gate should be put in by
the creek for your personal access and use.
o J. Halperin: I agree rry.ith P. Schwartz. If the fence is near the Oak Trees. it's visible.
o P. Schwartz: Suggested that stakes be put up on Highland road w'here the fence would be so the
public could see where the fence would go'
oE. Quaroni: The Village has taken great lengths with the deer population, such as culling. Many
people are planting what the deer won't eat which is helpful. Also, I am not sure if there are regulations
about crossing streams.
oB. Cross: you cannot do anything that would cause blockage or a diversion to the stream. It should
be noted the applicant is aware of that and that is why he is proposing to bring the fence out and take
advantage ofpipe that is already there. so he doesn't need to go through the creek.
oJ. Sauer: The fence is going through the stream on the Hanshaw'Road side.
oB. Ramshaw': Yes, it's because of the gas line that is there.
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VII LAGE OF CAYLIGA HEIGHTS
836 HANSHAW ROAD,ITHACA,NY, I4850
(607) 2s7't 238 ' FAX: (607) 7s7 -49 t0
oB. Cross: The applicant has been in touch w'ith the village about the gas line. I have been
unsuccessful in communicating with NYSEG to discuss plans fbr the gas pipe. I do not know-the history
or their plans for the gas line. If the culveft n'as extended, then it could be buried. If that u''as the case.
then the fence could go ovel the culvert and not through the stream.
oB. Ramshaw: This is a contingency in our plans and the way we have the fence designed.
oP.Schwarl z: I agree r.r,ith E. Quaroni point: the stream is always running. You need to think about the
impact not onl.v on the individuals downstream but also the u'ildlife. If ,vou cut off the wildlif-e to 80' of
the stream, then they will end up on my propefty.
L. Staley: Asked if any other individuals from the public w'ish to speak?
Public Hearing Closed at 8:32 P.m.
Variance is SEQR Exempt: 617.5(c)(16). The Zoning Board of Appeals, then considered each of
the five required questions:
YES X NO
the
Dursue other than the variance.
Finding: The owners could build a fence inside the brush that would not require a variance. They could
build 1119 fence without crossing the stream, possibly eliminating the visible portion at the NW corner.
The owners expressed a desire to incorporate stream into their yard.
YESX NO
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Finding: Deer will be precluded from drinking in the stream and could lead to more deer on properties
further ulong the stream. The east side (Hanshaw Road) is approximately 4' belou'the road level behind
a retaining wall and hedge. One neighbor (2 individuals) plus a relative expressed concerrl about the
visibility ot tt. fence on the NW corner (Highland Road side), as w'ell as the potential for increased deer
issues on their propefiy.
Whether on undesirable chsnse will be oroduced in the chsracter of the neighborhood or detriment
to nearbv properties will be created bv granting the area varionce.
VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD. ITHACA. NY. I4850
(6on2s7-1238 'FAX: (607) 2s7'49t0
Whether the requested area vsriance is substantial.
Finding: The setback is reduced from 25' to approximately 3' in places, which is substantial. This
mitigated by the elevation difference on Hanshaw Road, and the transparency of the fencing material
throughout.
YES X NO
Finding: The fencing material w.ill not hinder small animals, u'ater, or u'ind.
YES NO X
Whether the alleeed difficultv was self-created,
Finding: The elevation change on Hanshaw Road (east) side is pre-existing, and a lower fence would
not extend high enough to discourage deer from jumping down. The Highland Road fiontage is fairly
level, and the choice to place the higher deer fence within the setback is the owner's
YES X NO
oB. Cross: The stream/creek may not be a stream, or a creek as recognized by NYDE,C, and they
regulate water ways not the Village of Cayuga Heights'
oS. Barnett: Asked if the ZBA could partially approve the variance?
oR. Marcus: Yes, as the impact varies from Hanshaw'Road to Highland Road.
oR. Parker made motion to accept Variance as plesented to the ZBA.
No second.
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VII-LAGE OF CAYUGA HEIGHTS
835 HANSHAW ROAD. ITHACA'NY' I4850
(607) 7s7 -1238 FAX: (607) 257 -49 t0
oM. Friend: Made motion to deny variance as presented to the ZBA.
No Second
oJ. Sauer: Made motion to accept Variance as presented to the ZBA for Hanshaw Road side and to
deny the variance as presented on the Highland Road side.
Second: S. Barnett
Ayes: J. Sauer, S. Barnett, M. Friend
l/cys.'R. Parker, L. Staley
Abstentions: None
BE IT RESOLVED THAT: The Village of Cayuga Heights Zoning Board of Appeals grants the
variance request at 402 Hanshaw Road only on the Hanshaw Road portion and denied the
Highland Road portion of the variance. The Hanshaw Road portion of the fence is approved to be built
substantially as described in the application presented to the Zontng Board of Appeals.
oR. Marcus: Any applicant has the option of reapplying for the variance. It is in the bounds of the ZRA
if the applicant proposes different ideas, as detailed their revised variance application.
oB. Ramshaw: Does not wish to staft the Variance application process al1 over again and pay the fees.
oMayor L. Woodard: Would make a motion to the Board of Trustees to rvave the fees.
oL. Staley: Informed the applicant the variance has been approved as stated for Hanshaw Road portion,
anyone can appeal the decision within 30 days.
oL. Staley: Inquired if there was any neu'business for the ZBA?
oB. Cross: No new business currently.
oL. Staley: Adjourned meeting at9:25 p.m.
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