HomeMy WebLinkAboutMartinez Zoning Board of Appeals 07AUG2023August 7, 2023
Dear Members of the Village of Cayuga Heights Zoning Board of Appeals,
I hope you are enjoying the end of a relaxing summer. My name is Jessica Levin MarInez, and
together with my husband and two children, we reside at 201 Cayuga Heights Road, here in the
Village of Cayuga Heights. I am wriIng to address the applicaIon and variance to build a fence
at 203 Cayuga Heights Road, a maNer of concern that directly impacts my property and our
neighborhood's sense of community and harmony.
I wish to express support for enforcing our Village’s zoning code and requiring that the proposed
fence at 203 Cayuga Heights Road be located beyond the required setback of 15 inches from the
property line. We have strong reservaIons and oppose a variance that would allow the project
to be built as proposed. AUer careful consideraIon, we firmly reject this proposal for the
following reasons:
1. Preserva)on of Aesthe)cs and Natural Landscape:
The setback area, as it currently stands, contributes to the open and natural landscape
characterisIc of Cayuga Heights. The proposed installaIon of a six-foot fence within this zone
would present an unsightly view from our home, disrupIng the aestheIc harmony that defines
our neighborhood and imposes an unnecessary feeling of confinement. Our community prides
itself on maintaining an environment that reflects the beauty of our surroundings, and the
introducIon of such a fence would detract from this unique characterisIc.
2. Environmental Considera)ons:
The setback area serves as a valuable habitat for local wildlife, contribuIng to the ecological
balance of our surroundings. Last year, my husband planted a pollinator garden which our
neighbor opposed even though it was within our property and nowhere near the setback. This
year we have been visited by monarchs, hummingbirds, and other pollinators. ConstrucIng a
fence within this zone could disturb the delicate ecosystem and contribute to habitat
fragmentaIon. I urge you to consider the potenIal impact on local flora and fauna, both in the
long-term and during construcIon which would disturb our property far beyond the setback.
3. Poten)al Erosion and Drainage Concerns:
The setback area's exisIng funcIon in prevenIng soil erosion and facilitaIng proper drainage
during rainfall cannot be overstated. Any alteraIons to this area, including the installaIon of a
fence, could disrupt natural water flow and exacerbate erosion-related issues, affecIng not only
my property but potenIally the broader neighborhood as well. We do not object to our
neighbor staying within the zoning codes and building on her property of course, but we are
concerned that longer term implicaIons have not been considered.
4. Explora)on of Alterna)ve Solu)ons:
We see alternaIve soluIons that address our neighbor's concerns without encroaching upon
the setback area. Hedges, trees, a fence that wraps around whatever obstacles have
necessitated this request could be placed within her property and would not require conInued
negoIaIon with us on the design, construcIon, and maintenance of a new fence. We are asking
that our neighbor explore fencing opIons or landscaping modificaIons that maintain our
property rights while respecIng the need for a setback.
5. Poten)al Impact on Future Projects:
The proposed fence installaIon could potenIally limit our ability to implement future property
improvements on our side of the property. For example, the locaIon of any fence that
encroaches into the setback would negaIvely impact our ability to maintain or perhaps even to
gain access to the back of our garage. Future plans for landscaping and other projects would
surely be impacted by a fence in the setback, too. And finally, we have concerns that a variance
that unnecessarily places a fence in the setback could be used as a reason for conInuing this
variance all the way down to the street, effecIvely shiUing the whole of our property line.
We kindly urge the Village to consider these implicaIons and uphold the zoning code before
deciding on the variance requested. As responsible stewards of our community, it is essenIal
that we prioriIze the well-being of our neighborhood, our relaIonships, and the natural
environment that we share.
I thank you for your Ime and consideraIon of this maNer.
Sincerely,
Jessica Levin MarInez
201 Cayuga Heights Road