HomeMy WebLinkAboutZBA Final Minutes 6-7-21VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD. ITHACA.NY. 14850
(6042s7-1238 'FAX (604 2s749t0
ZoningBoard of ApPeals
Zoom Meeting LD# 97294127510
present: Chair: L. Staley; R. Parker; J. Sauer; S. Barnett; M. Friend; Code Enforcement Officer B'
Cross; Mayor L. Woodaid; Attorney R. Marcus; C. Muhlberger; L. Huang, E' Quaroni,; J' Halperin;
Aviya, C. New Cottage; P. Schwartz;K. Lacson; B. Ramshaw'
1. Calt to order: chair L. Staley called the meeting to order at 7:00 p.m.
2. Approval of Minutes of zoningBoard of Appeals meeting: May
BE IT RESOLVED THAT: The Village of Caluga Heights ZoningBoard of Appeals approves
the May 3,2021minutes 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 fente to be located approximately 5' set back from the front properfy line, which is
less than the 25' setback required by 2018 Village of Cayuga Heights Zoning Ordinance Section
305-19. A: Yard Requirements.
o B. Cross: A ZoningPermit Application for a new fence at 5 10 Hanshaw Road. On the map
provided with the application, the fence is around the entire property line is compliant as a 6' high
^SO% op.n mesh see ityougtr material with the exception of the portion that falls into the front yard
setback that would fall anl.where befween the front properfy line and 25'back from properfy 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' barrier 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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Monday, June7r202l
7:00 P.m.
I
VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD . ITHACA' NY. I4850
(607)2s7-1238 ' FAX: (60f 2s7-4910
o B. Cross: The variance tonight is not about the 6' high fence 90o/o open mesh material around the
property which is allowed on the sides and back of property. It's just about front properly 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 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 conlmon 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 signiflcant 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 appeff lower than 6' above ground level.
o J. Sauer: If removing current vegetation, what will stay and what will go?
o L. Huang: We will remove invasive species such as Buckthom, Bush Honeysuckle, Multiflora
Rose and retain current ornamental and native plants such as Vibumum, Sumac, Lilac, Oak, and
plant other additional native plants. The iandscaping will be professionaily done by The Plantsman.
o J Sauer: Will you be working in the Village's Right of Way?
e L. Huang: We understand we require the Village's Forester permission prior to removal any
invasive species in the Village's Right of Way.
r L. Staley: Will the dog be able to dig under the fence?
o L. Huang: The fence will be 2"-3" underground.
o S. Ba::rett: Asked if the Village has any plans on changing or getting rid of the landscaping that
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, we will ask
the owner to trim it back.
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VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD. ITHACA. NY. 14850
(604 2s7 -1238. FA)C (604 2s749 t0
4. Public Hearing opened: 7:27 p.m.
No one from the public wishes to speak.
Public Hearing closed at7z28 p.m.
Variance is SEQR Exempt: 617.5(cX1O.
The Zoning Board of Appeals, then considered each of the five required questions:
Whether an undesirable chanee will be produced in the character of the neishborhood or detriment
to nearby oroperties will be created bv granting the area varianca
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 sousht bv applicant ean be achieved bv some method feasible for the aoplicant 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
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836 HANSHAW ROAD . ITHACA. NY' 14850
(60112s7-t238 ' FAX (604 2s749t0
Finding: The fencing material will not hinder small animals, water, or wind. Vegetation in front of
fencingtecreases visibility of fencing. There is similar fencing in the Village.
YES NO X
lYhether the alleeed difficultv 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
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 ZoningBoard 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.
Ayest L. Staley, R. Parker, J. Sauer, S. Barnett, M. Friend'
Nays: None
Abstentions: None
rB. 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 properly lines on both Hanshaw and
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y[thether the orortosed area variance will have an adverse effect or imoact on the phvsical or
,nviron*rntol "ooditiont
in the oeishborhood or district'
VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD ITHACA' NY, I4850
(607) 257-t238' FAX: (607) 2s749t0
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: AZoningPermit Application is for a new fence at 402 Hanshaw Road. The applicant
is seeking a variance for a fence iargJy around the perimeter of the properly 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 wesiwith 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' 90% see through mesh type fence is allowed'
th" ,ariunce 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 front yardage and is subject to 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 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.
o B. Cross: Since author of email was not able to attend ZBAmeeting, the applicant can discuss the
revision in more depth and provide a clarification of the email and the discussion with the neighbor.
That portion ofthe fence does not require a variance.
trom: Ju!t1n Mu#in <jrtstin.nrurfin@carnell.pdu>
Sent: Manday, June 7, 202tr 4:55 PM
To; Lucy 5taley <lstaley@cayuga heights.ny.u*; Brent Cross <bcross@cayuga-heights.ny,us>
Cc: Brad Ramrhaw <brad.ramshaw@gmail.rom>
Subiect: Variance meeting
I won't be able to attend the zoning rneeting tonight. Brad Hamshaw and I met regarding the variaace {or 402
Hanshaw. We discusred moving thr proposed t:nce further into the lilterior ol his Fgp€rty Io maintnrn a
significant buffer between the oirr two {eflces. Based on the fence line we discussrrt and marked {not the ole in
the application or letter lrnt May 27}, I have no objecbon !o his plan,
Thanks,
Jultrn Murfin
515 Hiehland Road
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VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD.ITHACA.NY' 14850
GOn2s7-n3e 'FAX (604 2s74eto
oR. parker: The ends of the fence in the back thezB|may need to be discussed at least the comers?
o B. Cross: Agreed, possibly the ends of the fence. The bufter between the fences the applicant and
the neighbor agreed upoo has iess impact then what is on the map in the application and what is
proposed.
o S. Bamett: To clariff, the fence in the back yard between the applicant and the neighbor is
compliant with all Zotiireg,tlations except on the ends where it gets close to the side roads.
oB. Ramshaw: provided a map which is part of application. Explained the lot between applicant and
neighbor J. Mufin, each neighbor absorbed U of t\itotprior to current owners. The current owners have
agrled to maintain approxiriately 30' gap in between fJnces for wildlife: the area is heavily wooded'
The neighbors have ti" ,u-. kind of fence as we are proposing. The applicant provided a slide show of
,rrup. uid pictures that were provided in the application. with the existing fencing there are places where
the deer come through and they are eating allihe landscaping and garden. They are asking for an 8'
fence as deer can juirp a 6' fence. This type of fence is very common in the village. There willbe 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 *itn u gate, which is also very cofirmon in the area. The fence will then go
down below the retaining wal1 ,ria *iu transition into ihe open mesh fencing. It will be entirely invisible
in summer and winter. T-he retaining wal1 is 6' below the road level, it willbe 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 properly. We are.asking for a 3' setback
from our priperty line. The fJnce will be 15' in from the pin on Hanshaw Road in the brush and down
through the backyard. On Highland Road the fence would hug the brush line and_the only place the
fence would be visible is for ipproximately lO'near the existing culvert. It goes above the culvert then
again through the brush, 3' bact from the p-p"rty line along.Highland Road, and then (where people
pLt fo. thJelementary school) up through the brush line which is thick allyeat round. A gate willbe
put in, so we have acclss to the back yari. 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
tlrough the back yard. We maintain it and have planted grass to help eliminate the erosion.
Our Jog is not the primary reason we are r"qrr"rtiog the variance: it is to keep the white tail deer out and
to stop-them from eating our garden and landscapi"g.tt is also to keep our dog and future child within
our yard. This type of 6nce is very common in the Village and it is mostly obscured except for the
approximately 10' on Highland Road.
oR. 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?
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VILLAGE OF CAYLIGA HEIGHTS
836 HANSHAW ROAD ITHACA' NY' 14850
(607)2s7-1238 ' FAX: (607) 2s7-4et0
o B. 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 clarifu, the variance application was advertised, and the actual denial letter described a
0, setback but it is acially a 3'setbaci. The applicant is looking to maintain 3'-as he has explained' If
the variance is approved tire 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 Zoning
Law that the zBAsharl grant the applicai minimal variance necessary to accomplish the applicant's
goais. The applicant is p?esenting something with less impact than originally requested' I have no issues
that the application and advertisement *u. io, 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 current
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' backof the current vegetaiion, brush, and shrubs to put the fence in' I
haven't put a fence in iiltt, 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. Ii just needs to be accessible to put posts and wire
in.
o S. Barnett: Asked if the vegetation on the Highland Road side of the properly has to be cleared to
the fence location making the fence more visible irntil it grows back or will clearing be the vegetation
on the inside of the propJsed fence? Mostly concemed about the roadside view'
o R. Parker: I have put a deer fence in with 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'
r B. Ramshaw: Our goal will be not to cut any vegetation and shrubs within leason'
o 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?
o B. Ramshaw requested J. sauer explain more in depth his question'
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VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD. ITHACA. NY' I4850
(607)2s7-1238 ' FAX: (60f 2s7-49t0
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 was asking about?
o J. Sauer: On Highland Road why does the fence need to be visible at all?
rB. 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 iive, they would not allow
you to. If you want to have access to the creek with your dog and kid put in a gate'
r B. Cross: From the edge of the pavement of Highland Road to the Oak Trees is approximately
8'-10', and the property line is stillinother 5' further into the property from there. If we look at 3' as
proposed by the apf licant, we are probably looking at 3'-5' on the inside of the Oak Trees. It may have
t."n u good id"u io t ur" 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 properfy 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 for.
o 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?
o B. Ramshaw: Pointed out on the map where the creek and culvert are and explained the creek
angles in the culveft and goes under the road. It is 3' in from the properfy line. He pointed out where it
will cross on both Hanshaw and Highland Road sides of the property.
oS. 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.
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o B. Ramshaw: That would add a second creek crossing which is not desirable'
oB. Cross: The culvert pipe is projecting into his property by 5'-10'' Tokeep the fence out of the
bottom of the creek, bringing the fence out"towards his property rine provides them the opportunity to
have the fence go over th"e cilvet instead of going down into the creek.
oB. Ramshaw agreed with what B' Crossed explained'
oL. Staley: Once you cross the culvert, the fence could be angled more into the vegetation'
rB.Ramshaw:Thatisourgoal.Torunitthroughthebrushasmuchaspossible.
oS. Barnett: Requested of applicant to show on the map how far the brush and vegetation go into his
propertY?
oB. 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
teeiifre visibiliry of the fence to a minimal'
oS. Barnett: The brush appears thick enough to be able to run the fence through it as R' Parker
suggested.
o J. Sauer: Asked applicant how thick is the brush on your properfy, how many feet?
oB.Ramshaw:Itvariesinsectionsbutapproximately20'-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 yard on the grass?
o J. Sauer: Yes, put in on the edge of the yard and that would satisff what the village setbacks are'
o 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'
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 CAYUGA HEIGHTS
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(607)257-t738 FAX: (607) 2s7-4et0
o L. Staley: There is still a variance in the front yard and due to the culvert, we need to move on'
o B. Ramshaw: We will put the 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 went to 3' setback and now
you're willing to have tfre 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. ln the brush past the
first Oak Tree it will be approximately 10'-15'.
6. Public Hearing oPened: 8:20 P.m.
op. Schwartz: An 8' fence on Highland Road wi1l 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.
r J. Halperin: I agree with 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 where the fence would be so the
public could see where the fence would go.
oE. euaroni: The Village has taken great lengths with the deer population, such, as culling' Many
people are planting what the deer won't eat whiih is helpful. Also, I am not sure if there are regulations
about crossing streams.
rB. Cross: you cannot do anything that wouid 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 prpe 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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VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD. ITHACA' NY' I4850
(607) 2s7- I 238' FAX: (607) 2s7 -49 t0
oB. 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 extend.d-, thtn it could be buried' If that was the case'
then the fence could go or.t 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.Schwart z: I agteewith 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 wildiife to 80' of
the sffeam, then they will end up on my property'
L. Staley: Asked if any other individuals from the public wish to speak?
Public Hearing Closed at 8:32 P.m'
variance is SEQR Exempt: 617.5(c)(16). The ZoningBoard of Appeals, then considered each of
the five required questions:
ffil be created bv grantins the ares variance.
Finding: Deer will be precluded from drinking in the stream and could lead to mote deer on properties
further along the stream. The east side (Hanshiw Road) is approximately 4'below the road level behind
a retaining wall and hedge. one neighbor (2 individuals) p]gs a relative expressed concern about the
visibility of the fence orithe NW .o*., liightana Road iide), as well as the potential for increased deer
issues on their Property.
YES X NO
oursue other than the variance.
Finding: The owners could build a fence inside the brush that would not require avaiatce' They could
build the fence without crossing the stream, possibly eliminating the visible portion at the NW comer'
The owners expressed a desire to incorporate stream into their yard.
YES X NO
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VILLAGE OF CAYUGA HEIGHTS
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Finding: The setback is reduced from 25', to approximately-3 . in places, which is.substantial' This
mitigated by the elevation difference o, Hurrrhr* Road, and the transparency of the fencing material
throughout.
YES X NO
Whrthq th, .ro-osed area variance w.iil have an adverse ecfect or imDact on the -hlsical or
ffimentalii:onditions in the neiehborhood or district.
Finding: The fencing material will not hinder small animals, water, or wind'
YES NO X
Finding: The elevation change on Hanshaw Road (east) side is pre-existing , 1,! u lower fence would
not extend high enougt, to diicorrage deer from jumping down. The Highland Road frontage is fairly
level, and the choice io place the higher deer fence within the setback is the owner's
YES X NO
oB. Cross: The stream/creek may not be a stleam, or a creek as recognized by NYDEC' and they
regulate water ways not the Village of Cayuga Heights'
oS. Barnett: Asked tf 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 presented to the ZBA.
No second.
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VILLAGE OF CAYUGA HEIGHTS
836 HANSHAW ROAD ITHACA NY 14850
(607) 257-1238' FAX: (607) 2s7-4e10
oM.Friend:MademotiontodenyvarianceaspresentedtotheZBA'
No Second
rJ. Sauer: Made motion to accept Variance as presented to the ZBAfor Hanshaw Road side and to
deny the variance as presented on the Highland Road side'
Second: S. Bamett
Ayes: J. Sauer, S. Barnett, M' Friend
Iy'ays; R. Parker, L' StaleY
Abstentions: None
BEITRESoLVEDTHAT:TheVillageofCalugaHeightsZoningBoardofAppealsgrantsthe
variance request al4lzHanshaw Road only on the Ifa"sftaw Road portion and denied the
Highland Road portion of the variance. The Hanshaw Road portion of the fence is approved to be built
substantially u, a*r"AU.J io ,t . application presented to the ZonrngBoard of Appeals'
oR.Marcus:Anyapplicanthastheoptionofreapplyingforlhevariance'ItisintheboundsoftheZBA
ifthe applicant proposes different ideas, as detailid iheir revised variance application'
oB. Ramshaw: Does not wish to start the variance application process all over again and pay the fees'
rMayor L. Woodard: would make a motion to the Board of Trustees to wave 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:InquirediftherewasanynewbusinessfortheZBA?
oB. Cross: No new business currently'
oL. Staley: Adjoumed meeting at9:25 p'm'
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