HomeMy WebLinkAbout2024-03-26 BZA Minutes
Town of Danby Board of Zoning Appeals
Minutes of Hearing and Mee ng
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 mee ng was conducted virtually on the Zoom pla orm. Please note the planning
secretary was not present during the mee ng in-person or virtually. These minutes were
compiled from minutes taken by the planner as well as from the Zoom recording of the
mee ng.
The mee ng 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 mee ng minutes from the January 2024 BZA mee ng
Moved by Dean, seconded by Jones
The mo on 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 mee ng when he
requested an recommenda on from the Planning Board on an applica on. He now
understand such a request is actually improper.
They discussed upcoming training opportuni es.
3. NEW BUSINESS
VAR 2024-03 67 Marsh Road Parcel: 12.-1-5.61
Applicant: Tom Seaney
An cipated Ac on: Public Hearing, Review applica on; consider variance
SEQR: Gran ng or Denying this Area Variance is a Type 2 Ac on 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 represen ng (and neighbor)
them. No one felt they needed to recuse themselves, including Chair Hicks who is friends
with the applicants. A er considering, he decided he did not need to recuse himself. He
added they did not speak about the applica on.
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 objec ons were raised.
Public Comment:
The public hearing was opened at 7:21 p.m
George Adams spoke in favor. The other op on would make rou ne maintenance more
difficult for the applicant. Also, in the proposed loca on, 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 wri en comment, which was a ached
in the applica on 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 Sec on 714(iii)(a)(ii) that requires 50
foot side set-backs in the Rural 2 Zone District.
They began to review the balancing ques ons.
1.The Board agreed that no undesirable change would be produced in the character
of the neighborhood or a detriment to nearby proper es.
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 alterna ve to the variance.
3.The Board agreed the requested variance was NOT substan al.
4.The Board agreed that the variance would not have an adverse impact on the
physical or environmental condi ons 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 sec on 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 solu on that will not be a detriment to
the neighborhood or the environment.
MOTION To Pass Resolu on 3 of 2024: The Benefit to the Applicant does outweigh the
detriment to the neighborhood or community.
Moved by Dean, seconded by Jones
The mo on passed.
In favor: Billington, Dean, Jones, Hicks
4. ADJOURNMENT
The meeting adjourned at 8:06 p.m.