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HomeMy WebLinkAbout2024-03-26 BZA Minutes    Town of Danby Board of Zoning Appeals Minutes of Hearing and Meeng March 26 2024 PRESENT: Lew Billington Tobias Dean Ted Jones (via Zoom) Earl Hicks ABSENT: Betsy Lamb, BZA Member Cindy Katz, Recording Secretary OTHER ATTENDEES; Town Planner Greg Hutnik Public in-person George Adams (neighbor), Keith Liblick (Renovus Solar via Zoom), Katharine Hunter (Town Board Member) The meeng was conducted virtually on the Zoom plaorm. Please note the planning secretary was not present during the meeng in-person or virtually. These minutes were compiled from minutes taken by the planner as well as from the Zoom recording of the meeng. The meeng was called to order at 7:00 p.m. 1. AGENDA REVIEW  There were no additions or deletions to the agenda.  2. MINUTES APPROVAL  MOTION: To Approve the meeng minutes from the January 2024 BZA meeng Moved by Dean, seconded by Jones The moon passed. In favor: Dean, Jones, Hicks Abstain: Billington   Mary Ann Barr 2021  The Town of Danby  1830 Danby Road  Ithaca, NY 14850  danby.ny.gov  Board of Zoning Appeals Minutes  Tuesday 26 March 2024 at 7:00PM    Chair Hicks sought to acknowledge that he misspoke during a previous meeng when he requested an recommendaon from the Planning Board on an applicaon. He now understand such a request is actually improper. They discussed upcoming training opportunies. 3. NEW BUSINESS  VAR 2024-03 67 Marsh Road Parcel: 12.-1-5.61 Applicant: Tom Seaney Ancipated Acon: Public Hearing, Review applicaon; consider variance SEQR: Granng or Denying this Area Variance is a Type 2 Acon requiring no further review Chair Hicks reviewed the request for a side yard setback of 37.5 feet for a ground mounted solar array where 50 feet is required in the Rural 2 zone. No further enviromental review is required. The owners were not present; however, they had a friend represenng (and neighbor) them. No one felt they needed to recuse themselves, including Chair Hicks who is friends with the applicants. Aer considering, he decided he did not need to recuse himself. He added they did not speak about the applicaon. He explained that to pass the variance, they need three out of the four BZA members present to vote in favor (if all BZA members were present, they would need three out of five votes in favor). No objecons were raised. Public Comment: The public hearing was opened at 7:21 p.m George Adams spoke in favor. The other opon would make roune maintenance more difficult for the applicant. Also, in the proposed locaon, the array will likely not very be visible. Chair Hicks inquired about if there were other comments sent in and called in from other neighbors. Planner Hutnik replied there was one wrien comment, which was aached in the applicaon packet. It was in support. The public hearing was closed at 7:29 p.m. Area Variance Findings and Decision     The Board of Zoning Appeals considered the appeal regarding the property at 67 Marsh Road for an Area Variance from the zoning code Secon 714(iii)(a)(ii) that requires 50 foot side set-backs in the Rural 2 Zone District. They began to review the balancing quesons. 1.The Board agreed that no undesirable change would be produced in the character of the neighborhood or a detriment to nearby properes. Planner Hutnik commented that there have been a few variances from this same requirement recently. This may signal that the Town Board might consider changing the zoning so that a solar array is characterized like an assessory building and not a primary one. This would alter its required setbacks and remove the need for variances like this. 2.The Board agreed that the benefit sought by the applicant could not be achieved by a feasible alternave to the variance. 3.The Board agreed the requested variance was NOT substanal. 4.The Board agreed that the variance would not have an adverse impact on the physical or environmental condions of the neighborhood. 5.The Board agreed that the alleged difficulty was self-created. The BZA found that an Area Variance of 12.5 feet from secon of the 714(iii)(a)(ii)) Zoning Code is the minimum variance that should be granted in order to preserve and protect the character of the neighborhood and the health, safety, and welfare of the community because: the applicant has devised a soluon that will not be a detriment to the neighborhood or the environment.   MOTION To Pass Resoluon 3 of 2024: The Benefit to the Applicant does outweigh the detriment to the neighborhood or community. Moved by Dean, seconded by Jones The moon passed. In favor: Billington, Dean, Jones, Hicks 4. ADJOURNMENT   The meeting adjourned at 8:06 p.m.