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HomeMy WebLinkAboutZBA 6-7-21 Draft Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 Zoning Board of Appeals Monday, June 7, 2021 Zoom Meeting ID# 97294127510 7:00 p.m. Present: Chair: L. Staley; R. Parker; J. Sauer; S. Barnett; M. Friend; Code Enforcement Officer B. Cross; Mayor L. Woodard; Attorney R. Marcus; C. Muhlberger; L. Huang, E. Quaroni,; J. Halperin; Aviya, C. New Cottage; P. Schwartz; 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 Zoning Board of Appeals approves the May 3, 2021 minutes as presented. Motion: R. Parker Second: J. Sauer Ayes: L. Staley; 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 510 Hanshaw Road (tax parcel 6.-11-5) to allow a new 6’ high mesh fence to be located approximately 5’ set back from the front property line, which is less than the 25’ setback required by 2018 Village of Cayuga Heights Zoning Ordinance Section 305-19. A: Yard Requirements. ● 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 property line is compliant as a 6’ high 90% open mesh see through material with the exception of the portion that falls into the front yard setback that would fall anywhere between the front property line and 25’ back from property line. The variance is to ask for a 5’ buffer instead of the required 25’ set back. ● L. Huang, (owner) we plan to have at least a 5’ barrier of plantings between property line and fence installed by professional landscaper The Plantsman for privacy screen using native plants and vegetation. Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 ● B. Cross: The variance tonight is not about the 6' high fence 90% open mesh material around the property which is allowed on the sides and back of property. 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. ● L. Huang provided a slide show with explanation of plans. The slide show is included in the application. They need a 6’ fence for dog containment; the black woven wire style is in keeping with the common style of fencing in Cayuga Heights. A 6’ fence will not visually stand out in the front yard, which will be professionally landscaped with a native plant privacy hedge and is visually unobtrusive. 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 style will not impede surface water or wind flow. Due to the drop in elevation from the road, the fence will appear lower. ● J. Sauer: If removing current vegetation, what will stay and what will go? ● L. Huang: We will remove invasive species such as Buckthorn, Bush Honeysuckle, Multiflora Rose and retain current ornamental and native plants such as Viburnum, Sumac, Lilac, Oak, and plant other additional native plants. The landscaping will be professionally done by The Plantsman. ● J Sauer: Will you be working in the Village’s Right of Way? ● L. Huang: We understand we require the Village’s Forester permission prior to removal any invasive species in the Village’s Right of Way. ● L. Staley: Will the dog be able to dig under the fence? ● L. Huang: The fence will be 2”-3” underground. ● S. Barnett: Asked if the Village has any plans on changing or getting rid of the landscaping that is current in the right of way that applicant is discussing? ● B. Cross: The Village has no plans to redo the right of way, if it becomes overgrown, we will ask the owner to trim it back. Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 4. Meeting Open to the Public: 7:27 p.m. No one from the public wishes to speak. Public comment 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: Whether an undesirable change will be produced in the character of the neighborhood or detriment to nearby properties will be created by granting the area variance. Finding: The owners could build a fence at the setback line, but it would cut through the middle of the yard. Fencing will not be visible due to the existing landscaping and dense vegetation which applicants propose to maintain and due to the drop in elevation from the road, the fence will be less visible. YES X NO Whether the benefit sought by applicant can be achieved by some method feasible for the applicant to pursue 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 variance is substantial. 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 Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Finding: The fencing material will not hinder small animals, water, or wind. Vegetation in front of fencing decreases visibility of fencing. There is similar fencing in the Village. YES NO X Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 Whether the alleged difficulty was self-created. Finding: Owners wish to provide a higher fence for their dog without losing much of their front yard. Owners could train dog to remain in yard. YES X NO ● 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. ●Seconded: 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 Zoning Board of Appeals. Ayes: L. Staley, R. Parker, J. Sauer, S. Barnett, M. Friend. Nays: None Abstentions: None ●B. Cross: Informed the applicant the Variance has been approved and permit issued effective immediately, anyone can appeal the decision within 30 days. 5. Variance Request: 402 Hanshaw Road (Tax Parcel 9.-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 Highland Road which is less than the 25’ setback required by 2018 Village of Cayuga Heights Zoning Ordinance Section 305-19. A: Yard Requirements. Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 ● B. Cross: A Zoning Permit Application is for a new fence at 402 Hanshaw Road. The applicant is seeking a variance for a fence largely around the permitter of the property at 402 Hanshaw Road. The fence will include 2 frontages as the property is basically 3 sided, Hanshaw Road to the east and Highland Road to the west with the majority of the fence length in the front yards. A portion of the proposed side yard fence is not subject to variance as an 8’ 90% see through mesh type fence is allowed. The variance is not for the height of the fence: it is for the encroachment on the 25’ front yard setback, as the applicant is seeking 0’ setback. ●L. Staley: Is the fencing on Highland Road within the 25’ set back? ●B. Cross: Highland Road is considered front yardage and is subject to 25’ setback as is Hanshaw Road. The applicant is seeking 0’ setback. ● S. Barnett: Asked if the ZBA needed to discuss an email that was sent from a neighbor regarding the rear yard fence? The email states that the neighbors negotiated to maintain a buffer between their two fences. The revised fence line they discussed and marked is not in the variance application. ● 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. Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 ●R. Parker: The ends of the fence in the back the ZBA may need to be discussed at least the corners? ● B. Cross: Agreed, possibly the ends of the fence. The buffer between the fences the applicant and the neighbor agreed upon has less impact then what is on the map in the application and what is proposed. ● S. Barnett: To clarify, the fence in the back yard between the applicant and the neighbor is compliant with all Zoning regulations except on the ends where it gets close to the side roads. ●B. Ramshaw: Provided a map which is part of application. Explained the lot between applicant and neighbor J. Mufin, each neighbor absorbed ½ of the lot prior to current owners. The current owners have agreed to maintain approximately 30’ gap in between fences for wildlife: the area is heavily wooded. The neighbors have the same kind of fence as we are proposing. The applicant provided a slide show of maps and pictures that were provided in the application. On existing fencing there are places where 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 type of fence is very common in the village. There will be no visible fence on the front property. The only section that would be visible is by the driveway, that will be 6’ high and aluminum with a gate, which is also very common in the area. The fence will then go down below the retaining wall and will transition into the open mesh fencing. It will be entirely invisible in summer and winter. The retaining wall is 6’ below the road level, it will be an 8’ fence but will appear much shorter from the road and is hidden by a hedge atop the retaining wall. The fence will have to go down through the creek by a gas line which is on the Village’s property. 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 down through the back yard. 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’ back from the property line along Highland Road, and then (where people park 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 enjoy the creek on our property: that is one reason why we 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 dog is not the primary reason we are requesting the variance: it is to keep the white tail deer out and to stop them from eating our garden and landscaping. It is also to keep our dog and future child within our yard. This type of fence is very common in the Village and it is mostly obscured except for the approximately 10’ on Highland Road. ●R. Parker: The section above the culvert on Highland Road, will the fence extend near the second Oak Tree and mailbox? Will it be visible on the far side of the culvert or is it back in the brush? Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 ● B. Ramshaw: It will be in the brush. We will have to cut the brush back and the brush will regrow into the fence. ●B. Cross To clarify, the variance application was 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 of a 3’ set back is accepted. ●R. Marcus: Concurs with Brent and explained that this goes back to provisions of the Zoning Law 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 that the application and advertisement was for 0’ setback and they are now requesting a 3’ setback. ● S. Barnett: Request the applicant explain more in-depth the plans for the impact on the current vegetation. ●B. 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 would have to clear all vegetation to put the fence in and he said no. It just needs to be accessible to put posts and wire in. ● S. Barnett: Asked if the vegetation on the Highland Road side of the property 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. ● R. Parker: I have put a deer fence in the Whitmore, if you inform them what they can and cannot do, it may cost a little more but they will put fence in the way you request. My deer fence they put in by hand and did not cut down any vegetation, it’s up to you what you insist. ● B. Ramshaw: Our goal will be not to cut any vegetation and shrubs within reason. ● J. Sauer: Not sure what goal is being met with fence being put on outside of greenery on Highland Road and not on the inside? ● B. Ramshaw requested J. Sauer explain more in depth his question. Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 ● 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? ●B. Ramshaw: Asked J. Sauer where exactly on Highland Road he was asking about? ● J. Sauer: On Highland Road why does the fence need to be visible at all? ●B. Ramshaw: Fence must go around bottom of creek: we are trying to limit how many times the fence crosses the creek. ● J. Sauer: I encourage you not to do anything in the creek. Where I use to live, they would not allow you to. If you want to have access to the creek with your dog and kid put in a gate. ● 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 property from there. If we look at 3’ as proposed by the applicant, we are probably looking at 3’-5’ on the inside of the Oak Trees. It may have been a good idea to have stakes placed where the fence would be for visual effects. I understand J. Sauer’s question but I do not think they will be able to stay 3’ parallel to the property line, it may have to peek out at the corner then go back in and peek out again near the mailbox. ●J. 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. ● B. Ramshaw: That would put the fence on the other side of the creek. ● R. Parker: Stated: That is not what they are asking for. ● M. Friend: Asked if the culvert is the same as the creek and asked to point out on the map where the fence will cross the creek? ● 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 property line. He pointed out where it will cross on both Hanshaw and Highland Road. ●S. Barnett: If you just moved the fence line in on both sides, then you will still have access to the creek and the proposed fence will not be seen by anyone but you. ● B. Ramshaw: That would add a second creek crossing which is not desirable. Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 ●B. Cross: The culvert pipe is projecting into his property by 5’-10’. To keep the fence out of the bottom of the creek, bringing the fence out towards his property line provides them the opportunity to have the fence go over the culvert instead of going down into the creek. ●B. Ramshaw agreed with what B. Crossed explained. ●L. Staley: Once you cross the culvert, the fence could be angled more into the vegetation. ● B. Ramshaw: That is our goal. To run it through the brush as much as possible. ●S. Barnett: Requested of applicant to show on the map how far the brush and vegetation go into his property? ●B. Ramshaw again showed 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. ●S. Barnett: The brush appears thick enough to be able to run the fence through it as R. Parker suggested. ● J. Sauer: Asked applicant how thick is the brush on your property, how many feet? ●B. Ramshaw: It varies in sections but approximately 20’-25’ thick. ●J. Sauer: Why not put the fence 25’ feet in? ●B Ramshaw: Asked J Sauer if he meant to put the fence directly in his back yard on the grass? ● J. Sauer: Yes, put in on the edge of the yard and that would satisfy what the village setbacks are. ● R. Parker: The applicants have stated in the variance application that they would like to avoid putting the fence down into the creek, let’s please move forward. ●J. 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. ● L. Staley: There is still a variance in the front yard and due to the culvert, we need to move on. Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 ● B. Ramshaw: We will put the fence inside the brush and vegetation, so it is not visible from the road. ● M. Friend: To the applicant: You started out with 0’ setback, then went to 3’ setback and now you’re willing to have the fence in the brush. How many feet back would that be? ● 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. Meeting Open to the Public: 8:20 p.m. ●P. Schwartz: An 8’ 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 property line, a gate should be put in by the creek for your personal access and use. ● J. Halperin: I agree with P. Schwartz. If the fence is near the Oak Trees, it’s visible. ● P. Schwartz: Suggested that stakes be put up on Highland road where the fence would be so the public could see where the fence would go. ●E. 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. ●B. 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 of pipe that is already there, so he doesn’t need to go through the creek. ●J. Sauer: The fence is going through the stream on the Hanshaw Road side. ●B. Ramshaw: Yes, it’s because of the gas line that is there. ●B. Cross: The applicant has been in touch with the village about the gas line. I have been unsuccessful in communicating with NYSEG to discuss plans for the gas pipe. I do not know the history or their plans for the gas line. If the culvert was extended, then it could be buried. If that was the case, then the fence could go over the culvert and not through the stream. Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 ●B. Ramshaw: This is a contingency in our plans and the way we have the fence designed. ●P.Schwartz: I agree with E. Quaroni point: the stream is always running. You need to think about the impact not only on the individuals downstream but also the wildlife. If you cut off the wildlife to 80’ of the stream, then they will end up on my property. L. Staley: Asked if any other individuals from the public wish to speak? Meeting to the Public 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: Whether an undesirable change will be produced in the character of the neighborhood or detriment to nearby properties will be created by granting the area variance. Finding: Deer will be precluded from drinking in the stream and could lead to more deer on properties further along the stream. The east side (Hanshaw Road) is approximately 4’ below the road level behind a retaining wall and hedge. One neighbor (2 individuals) plus a relative expressed concern about the visibility of the fence on the NW corner (Highland Road side), as well as the potential for increased deer issues on their property. YES X NO Whether the benefit sought by applicant can be achieved by some method feasible for the applicant to pursue other than the variance. Finding: The owners could build a fence inside the brush that would not require a variance. They could build the 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. YES X NO Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 Whether the requested area variance 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 Whether the proposed area variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Finding: The fencing material will not hinder small animals, water, or wind. YES NO X Whether the alleged difficulty 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 frontage is fairly level, and the choice to place the higher deer fence within the setback is the owner’s YES X NO ●B. Cross: The stream/creek may not be a stream, or a creek as recognized by NYDEC, and they regulate water ways not the Village of Cayuga Heights. ●S. Barnett: Asked if the ZBA could partially approve the variance? ●R. Marcus: Yes, as the impact varies from Hanshaw Road to Highland Road. ●R. Parker made motion to accept Variance as presented to the ZBA. No second. Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 ●M. Friend: Made motion to deny variance as presented to the ZBA. No Second ●J. 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 Nays: 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 declined 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 Zoning Board of Appeals. ●R. Marcus: Any applicant has the option of reapplying for the variance. It is in the bounds of the ZBA if the applicant proposes different ideas, more detailed variance application. ●B. Ramshaw: Does not wish to start the Variance application process all over again and pay the fees. ●Mayor L. Woodard: Would make a motion to the Board of Trustees to wave the fees. ●L. Staley: Informed the applicant the variance has been approved as stated for Hanshaw Road portion, anyone can appeal the decision within 30 days. ●L. Staley: Inquired if there was any new business for the ZBA? ●B. Cross: No new business currently. ●L. Staley: Adjourned meeting at 9:25 p.m. Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910 Police Dept. & Village Administration OFFICE HOURS 9 AM – 4:30 PM www.cayuga-heights.ny.us Village of Cayuga Heights 836 HANSHAW ROAD ∙ ITHACA ∙ NY ∙ 14850 (607) 257-1238 ∙ FAX: (607) 257-4910