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HomeMy WebLinkAbout2024-06-25 BZA Minutes FINAL Town of Danby Board of Zoning Appeals June 25, 2024 FINAL MINUTES PRESENT : Lew Billington Tobias Dean Ted Jones (Zoom) Earl Hicks (Chair) OTHER ATTENDEES: Town Planner Greg Hutnik Recording Secretary Cindy Katz Public (Zoom) Marika Briggs Public (in -person) Leslie Connors (Town Board member), Zachary Larkins, Heather Coffey, Katharine Hunter This meeting was conducted in person with virtual access on the Zoom platform The meeting was called to order at 7:04 p.m. AGENDA REVIEW There were no additions or deletions to the agenda. Chair Hicks explained the requirements for quorum for the BZA, and pointed out to the applicants that one person was not present. The applicants elected to continue. APPROVAL OF MINUTES (April 2024) Many members stated they had not read the minutes yet. Therefore, they elected to vote on them at the next BZA meeting. Town of Danby Board of Zoning Appeals June 25, 2024 NEW BUSINESS Planner Hutnik updated the BZA about town policy on email use, which is potentially changing. In the proposed change, only chairs of boards will be required to have a town email. All others can elect to use their personal email address. If BZA members would like to switch to your personal email, please provide the information to the planner. If BZA members would like a town email address, please contact the town clerk. They discussed the continued efforts and concerns as the town navigates their new em ail system. Chair Hicks mentioned that he hopes to connect with BZA member Betsy Lamb soon regarding site plans, since she previously missed that discussion. VAR 2024-05 1914 Danby Road Parcel: 14.-1-10.2 Applicant: Zachary Larkins Anticipated Action: Declare Lead Agency for SEQRA; SEQRA Determination; Review application; Public Hearing, Consider variance SEQR: Unlisted Action Applicant Request: The applicant is seeking relief from Section 604(5)(b) of the Zoning Law that only allows restaurant uses on corner lots in the Hamlet Neighborhood Zone District. Chair Hicks reviewed the request. This is an unlisted action and requires a determination of environmental impact. He verified that there were no conflicts of interests on the board. Chair Hicks requested a map be shared of the hamlet neighborhood zone. He expressed curiosity on the regulation's intention, which requires restaurants only on corners . Planner Hutnik explained he had recently asked this to previous Danby planner David West. West explained that from a new urbanist perspective, because the hamlet is bigger than a typical hamlet it could result in a fragmented affect which may negatively impact the neighborhood. Therefore, this regulation will encourage focus on the corner lots present (two of which are very encumbered and difficult to build on). Planner Hutnik wondered if requir ing restaurants to be only on 96b rather than corner lots would also address this concern. Chair Hicks confirmed that once this variance is given, the applicants will still need a site plan review from the Planning Board. He wondered why the BZA is therefore doing SEQRA and not the Plan ning Board . Planner Hutnik explained that the SEQR is required for the variance, but not for the site plan review. Chair Hicks requested an overview of the types of SEQRA. Town of Danby Board of Zoning Appeals June 25, 2024 MOTION To Pass Resolution 5 of 2024 DECLARING LEAD AGENCY, AREA VARIANCE, 1914 DANBY ROAD, TAX PARCEL #14.-1-10.2 Whereas an application has been submitted for review and approval by the Town of Danby Board of Zoning Appeals for an Area Variance for Town of Danby Tax Parcel No. 14.-1-10.2, by Zachary Larkins, Owner; and Whereas the property is in the Hamlet Neighborhood Zone District, which allows “Restaurants, bars and other places for serving food and beverages, and provided that there is no drive -through window” as a principal use permitted only by site plan approval and only allowed on corner lots (Section 604(5)(b) of the Danby Zoning Law); and Whereas the Owner requests relief from Section 604(5)(b) of the Zoning Law to allow “Restaurants, bars and other places for serving food and beverages, and provided that there is no drive -through window” as a principal use permitted only by site plan approval ; and Whereas this is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review; and Whereas State Law specifies that, for actions governed by local environmental review, the Lead Agency shall be that local agency which has primary responsibility for approving and funding or carrying out the action; Now Therefore, be it Resolved that the Town of Danby Board of Zoning Appeals does hereby declare itself Lead Agency for the environmental review for the action of Area Variance approval for Town of Danby tax parcel No 14.-1-10.2 by Zachary Larkins, owner. Moved by Dean, seconded by Jones. The motion passed. In favor: Billing ton , Dean, Jones, Hicks SEQR Chair Hicks requested Planner Hutnik walk them through the next steps. First , they will go through the Short Environmental Assessment Form (SEAF, Part 1) which was provided by the applicant in February. Next, they will fill out the Short Enviromental Assessment Form parts 2 and 3. Planner Hutnik clarified to the BZA that often variances are “type 2” in which case the state has determined that no further environmental review is necessary (and therefore the BZA does not have to conduct SEQR). However, this variance is “unlisted” and therefore requires review by the BZA. Town of Danby Board of Zoning Appeals June 25, 2024 The applicant approached the screen where a map was shared. They reviewed various infrastructure and other features of the land. They discussed the wetlands and the plan for managing the water in both wet spots. Planner Hutnik explained that the use (commercial restaurant ) is triggering site plan approval by the Planning Board. That, along with a public hearing, is scheduled for next month. He informed the board that he felt the SEAF part 1 was satisfactory, and the board agreed that it was complete. They moved onto review SEAF part 2, which Planner Hutnik had preliminarily filled out. He reviewed his analysis and reasoning . MOTION To Pass Resolution 6 of 2024 DETERMINATION OF ENVIRONMENTAL SIGNIFICANCE, AREA VARIANCE, 1914 DANBY ROAD, TAX PARCEL #14.-1-10.2 Whereas an application has been submitted for review and approval by the Town of Danby Board of Zoning Appeals for an Area Variance for Town of Danby Tax Parcel No. 14.-1-10.2, by Zachary Larkins, Owner; and Whereas the property is in the Hamlet Neighborhood Zone District, which allows “Restaurants, bars and other places for serving food and beverages, and provided that there is no drive -through window” as a principal use permitted only by site plan approval and only allowed on corner lots (Section 604(5)(b) of the Danby Zoning Law); and Whereas the Owner requests relief from Section 604(5)(b) of the Zoning Law to allow “Restaurants, bars and other places for serving food and beverages, and provided that there is no drive -through window” as a principal use permitted only by site plan approval ; and Whereas this is an Unlisted Action under the State Environmental Quality Review Act and is subject to environmental review; and Whereas this Board, acting as Lead Agency in environmental review accepts as adequate: a Short Environmental Assessment Form (SEAF), Part 1, submitted by the Owner, and Part 2, prepared by the Planning Administrator; and an Area Variance Appeal Application; Now Therefore, be it Resolved that the Town of Danby Board of Zoning Appeals, based on careful consideration of the application materials, determines the proposed Area Variance will result in no significant impact on the environment and that a Negative Declaration for purposes of Artic le 8 of the Environmental Conservation Law be filed in accordance with the provisions of Part 617 of the State Environmental Quality Review Act. Town of Danby Board of Zoning Appeals June 25, 2024 Moved by Dean, seconded by Billington The motion passed. In favor: Billington, Dean, Jones, Hicks Public Comment The public hearing opened at 8:11 p.m The applicants spoke about their short -term plans to offer a coffee trailer while restoring and protecting the ecosystem present . They discussed their long -term plan to build a brick-and-mortar store and a guest house. They confirmed that they will not need another variance for the coffee shop but might need to come back for another purpose. Marika Briggs spoke in support of the project. She is excited about it. Planner Hutnik confirmed that t wo emails were received, one by Marika Briggs and one from Friede Sander. Both emails were in support of the variance. The applicants stated that they reached out to their neighbors, including the Smiths as well as “Nora,” and everyone had been supportive. Katharine Hunter , town board member, has been keeping track of the project and sees it as a positive impact on Danby. She thinks she would have spoken up against the corner lot provision in the past had she known that it would cause these issues. She supports making things simple for people to do what they want . Public hearing closed at 8:25 p .m. Chair Hicks asked about posting physical notifications and why those have not happened recently . Planner Hutnik replied they are not required but he can put them up if the board would like. Connors added it is helpful in a town without full internet coverage , and Planner Hutnik agreed that he would do it going forward. Area Variance Findings and Decision Town of Danby Board of Zoning Appeals June 25, 2024 The Board of Zoning Appeals considered the appeal of Zachary Larkins and Heather Coffey regarding the property at 1914 Danby Road (14.-1-10.2) for an Area Variance from Section 604(5)(b) of the Zoning Law which only allows restaurant uses on corner lots in the Hamlet Neighborhood Zone District . Balancing Questions: 1. The Board agreed no undesirable change would be produced in the character of the neighborhood or a detriment to nearby properties. a. They agreed this will be an improvement 2. The Board agreed that the benefit sought by the applicant could not be achieved by a feasible alternative of the variance. a. There is no alternative because it is not a corner lot. The applicant did generate many alternatives, but none were feasible or desirable. 3. The Board agreed the requested variance was not substantial. a. Planner Hutnik provided framing asking the BZA to consider if the impacts were substantial. In this sense, with the variance, seven lots now would have the potential to host a restaurant as opposed to six previously. 4. The Board agreed that the variance would not have an adverse impact on the physical or environmental conditions of the neighborhood. a. Not anymore than if it were located on the corner; and an improved impact on the environmental and physical conditions of the property. 5. The Board agreed that the alleged difficulty was not self -created. a. The owner has not invested any improvements that would generate a self -created difficulty Chair Hicks asked about the survey and the mistake in the parcel number . The BZA found that an area variance of one lot from the corner from Section 604(5)(b) of the Zoning Law which only allows restaurant uses on corner lots in the Hamlet Neighborhood Zone District is the minimum variance that should be granted in order to pre serve and protect the character of the neighborhood and the health, safety and welfare of the community because impacts to granting the variance would produce net positive results to the community. MOTION To Pass Resolution 7 of 2024 that the benefit to the applicant does outweigh the detriment to the neighborhood or community. Moved by Billington, seconded by Jones Town of Danby Board of Zoning Appeals June 25, 2024 The motion passed. In favor: Billington, Dean, Jones, Hicks The BZA and the planner discussed amendments to the current zoning law which the town board is currently working on. They may still remove the requirement for corner lots, but getting this variance was faster for the applicants. ADJOURNMENT The meeting adjourned 8:51 p.m. Recording Secretary -- Cindy Katz