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HomeMy WebLinkAbout03-24-2026-BZA Minutes Final Board of Zoning Appeals Minutes Tuesday March 24 2026 at 7:00PM Mary Ann Barr 2021 The Town of Danby 1830 Danby Road Ithaca, NY 14850 danby.ny.gov Minutes PRESENT: Lew Billington Toby Dean Ted Jones Earl Hicks ABSENT: Betsy Lamb OTHER ATTENDEES Town Planner Greg Hutnik Recording Secretary Cindy Katz Public: Kelly Brower (in person) Zoom: Don’s iphone This meeting was conducted in-person at Town Hall virtually and on the Zoom platform 1. CALL TO ORDER/AGENDA REVIEW There were no additions or deletions to the agenda. The meeting was called to order at 7:05PM. 2. MINUTES APPROVAL MOTION: Approve the minutes from September 2025 BZA Meeting Moved by Dean, seconded by Jones The motion passed. In favor: Billington, Dean, Jones, Hicks They discussed how things are going with their email access. Chair Hicks asked about roll-over from previous years on training. He also wondered if the NYMIR training was needed for BZA members? 3. NEW BUSINESS VAR 2026-01 Address: 430 Troy Road Parcel: 4.-1-38.463 Applicant: Kelly Brower Zone District: Low Density Residential Anticipated Action: Determine the application is complete; Hold public hearing; Take action on the variance request SEQR: Type 2 Applicant Request: The applicant is seeking relief from Section 714(iii)(a)(ii) of the Zoning Law that requires the same side setbacks for ground mounted solar arrays as primary structures. The applicant is requesting a side setback of 28 feet for the solar array instead of the required 50 feet. Chair Hicks reviewed request, and asked the applicant if he wished to share anything additional? Applicant explained that he has a narrow lot. In order to meet the current set-back requirement he would have to put the array in the middle of the yard, which is not practical. A neighbor whose land the array would be close to has signed a document agreeing to this proposed location. Planner Hutnik put the aerial view up on the screen. They clarified that the 28 feet is from the edge of the array to the lot line. They reviewed an additional aerial view, noting that the black lines on this survey from the county are incorrect, while the red reflects the correct lot lines. The applicant explained he is trying to offshoot the costs of electricity by increasing his amount of solar panels. They discussed what the zoning was when the applicant moved in years ago and how it has changed. Technical problems prevented Planner Hutnik from checking, but they imagined they must have been less than fifty feet, which is what it is now. They discussed the lot lines and mistakes related to surveying. Applicant explained that the array will be pole mounted so the ground under it will mostly be undisturbed and remain permeable. They discussed earlier proposals suggested by Renovus for siting the array in two rows. Applicant removed some of the trees on his property so that the array could be placed elsewhere and in one line so it would receive better light. Renovus has a new policy where they will note the zoning laws before laying out potential arrays. PUBLIC HEARING The public hearing was opened at 7:31 PM Neighbors over Zoom stated their support. They are the ones who signed the letter. There were no additional correspondence or phone calls related to the application. The public hearing was closed at 7:33 PM. Board Questions and Discussion Chair Hicks read the staff memo out loud. Area Variance Findings & Decision The Board of Zoning Appeals considered the appeal of Kelly Brower regarding the property at 430 Troy Road (tax parcel 4.-1-38.463 ) for an Area Variance of twenty-two feet from the zoning code Section 714 (iii)(a)(ii) that requires a side yard setback of 50 feet for primary structures and for ground mounted solar arrays in the Low Density Residential zone. Balancing Questions: 1. The Board agreed no undesirable change would be produced in the character of neighborhood or a detriment to nearby properties. The proposed location of the array is consistent with the character of the neighborhood; it is out of sight from the road. Most nearby houses have smaller setbacks already. 2. The Board agreed that the benefit sought by the applicant could not be achieved by a feasible alternative of the variance. The proposed location has best solar gain; affords space on the backyard for other uses; avoids buried utilities and septic system. 3. The Board agreed that the requested variance was substantial. The requested relief is for more than 40% of the standard. 4. The Board agreed that the variance would not have an adverse impact on the physical or environmental conditions in the neighborhood. There will be minimal disturbance on the ground, allowing flow and infiltration of water; solar has a positive environmental benefit on the community. 5. The Board mostly agreed that the alleged difficult was not self-created. The development pattern of non-conforming lots was not self-created and made it difficult to meet the current standards. They struggled on how to address this question and asked the planner for guidance. Planner Hutnik stressed that while the lot isn’t less narrow than 100 feet – which would make working with the in the current standards not possible – it is still very narrow and therefore a significant challenge to work with that the applicant did not create. Jones commented that the problem is self-created, but out of a desire to be efficient, which is a good thing. They discussed the applicant ensuring that Renovus install the array no closer than 28 feet to the lot line. The BZA found that a variance of twenty-two feet (for a 28 foot set-back) from Section 714 (iii)(a)(ii) was 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 of the following: the location of the array is discreetly located from the road and fits the small setbacks of the neighborhood and is in the most efficient and environmentally sound position. MOTION: To Pass BZA Area Variance 1 of 2026: The benefit to the applicant does outweigh the detriment to the neighborhood or community due to the findings stated above. Moved by Dean, seconded by Jones. The motion passed. In favor: Billington, Dean, Jones, Hicks Planner Hutnik told the applicant that the solar installer can now apply for their building permit. 4. ADJOURNMENT The meeting was adjourned at 9:01 PM.