HomeMy WebLinkAbout2020-06-17-BZA-finalTOWN OF ULYSSES
BOARD OF ZONING APPEALS
FINAL MINUTES
Wednesday, June 17, 2020
This meeting was held via video conferencing due to COVID-19 virus.
Approved: August 19, 2020
Present: Board Chair Steve Morreale, and members Andy Hillman, Robert Howarth, Cheryl
Thompson, and David Tyler; Town Planner John Zepko.
Public in Attendance: Karen Meador, Tim Fallon, Patricia Moran, Clare Fewtrell, and Meaghan
Walsh
Call to Order: 7 p.m.
Review of Meeting Minutes: December 18, 2019 and May 20, 2020
Mr. Howarth MADE the MOTION to accept the amended meeting minutes from December 18,
2019, and Mr. Hillman SECONDED the MOTION. The motion was approved, 4-0, with Mr.
Tyler abstaining from the vote.
Mr. Hillman MADE the MOTION to accept the meeting minutes from May 20, 2020, and Mr.
Howarth SECONDED the MOTION. The motion was approved unanimously.
Discussion of letter from Patricia and Richard Moran: Patricia and Richard Moran have
requested that the Board of Zoning Appeals rehear the variance request decided 20 November
2019.
Mr. Morreale explained that the BZA may only rehear a variance request if a motion to rehear is
put forward by a BZA member, seconded, and receives unanimous backing from all BZA
members. No motion was put forward, thus a rehearing was not granted.
Public Hearing – Appeal by Karen and Robert Meador, for an area variance from Section
212-47 (N.) (Maximum building footprint in Lakeshore zone), of the Town of Ulysses Zoning
Law, for the purpose of permitting construction of a building with a footprint of approximately
6,400 sf, where 2,000 sf is the maximum. The property is ~ 5.8 acres in size and is located at
1617 Taughannock Blvd, Tax Map # 16.-1-16
Ms. Meador gave an extended review of her project and updated the Board on its requests from
last time. Since May, Ms. Meador has provided drawings of the home as well as renderings of
how the home will look in the landscape.
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Letters were sent to nearby property owners concerning the Meador project, Mr. Zepko
confirmed, adding that the Town also received a letter from Bill Holtkamp, who supports the
project.
Mr. Fallon spoke highly of Ms. Meador and her ambition in conserving the old Inn property. He
read a statement in support of the project.
Ms. Fewtrell supports the project and added the Town should maintain its 2,000 square-foot
maximum footprint in the Lakeshore Zone.
At this time, the BZA reviewed the drawings, and questions were raised concerning the impact
on the viewshed and the building’s height. Mr. Howarth asked Ms. Meador if she would object
to a stipulation that no trees would be added along the roadway, so as to keep the view toward
the lake unobstructed. She asked that no restrictions be placed on landscaping/gardening; her
intent with the tree plantings along the roadway is to screen for privacy and road noise.
Ms. Thompson said she was surprised by the height of the home addition, specifically the
cantilevered roof over the open-air patio. Was there any way to make it less obtrusive? she
asked. This sparked further conversation on building height. Ms. Meador noted the building
height remains within permissible zoning. Ms. Thompson asked Ms. Meador if a reduction in
building height, from 14 feet to 12 feet, would limit functionality, to which Ms. Meador said the
design is not conducive for a lower roof height and that such a reduction would limit
functionality. Ms. Thompson did not agree.
Mr. Morreale gave his general support of the project – the proposed build is a property
improvement, is friendly to the viewshed, and he appreciates the applicant’s attempts to
minimize environmental degradation. Mr. Howarth said he largely agreed with Mr. Morreale; his
remaining concern was the viewshed. Both Mr. Tyler and Mr. Hillman were in favor of the
variance.
Resolution
Whereas, the appeal by Karen and Robert Meador, is for an area variance from Section 212-47
(N.) (Maximum building footprint in Lakeshore zone), of the Town of Ulysses Zoning Law at
the property located at 1617 Taughannock Blvd, Tax Map # 16.-1-16; and
Whereas, the relief requested is for the purpose of permitting a building footprint of 6,400
square feet where 2,000 square feet is the maximum permitted; and
Whereas, the action is a Type II action under SEQR 617.5(c) (17) “granting of an area variance
for a single-family, two-family or three-family residence...) and requires no further review and is
exempted from 239 review per an inter-governmental agreement with Tompkins County, dated
24 November 2003.; and
Whereas, by considering the five statutory factors, the BZA reviewed the record and weighed
the benefits to the Applicant against the detriment to the health, safety and welfare of the
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neighborhood if the variance is granted. The benefit sought by the applicant is for the purpose of
permitting a building footprint of 6,400 square feet where 2,000 square feet is the maximum
permitted.
1. Whether an undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by the granting of
the area variance.
The existing permitted home and garage are approximately 5,826 square feet in area.
The construction of an additional 574 sf of building on a property that is approximately
5.8 acres in size, is unlikely to produce to an undesirable change to the character of the
neighborhood or be a detriment to nearby properties.
2. Whether the benefit sought by the applicant can be achieved by some other method,
feasible for the applicant to pursue, other than area variances.
Section 212-47 (N.) of the zoning code sets the maximum footprint of a building in the
Lakeshore Zone at 2,000 sf, and is independent of area considerations or other
mitigating standards. There are no other means of relief available to the applicant, other
than requesting a variance from the code.
3. Whether the requested area variances are substantial.
The variance request is substantial. By seeking to create an additional 574 square feet of
building combining for a total of 6,400 square feet, the applicant is seeking to increase
the footprint well beyond the maximum building footprint allowed by current zoning,
which is 2,000 square feet. However, the existing permitted structure is 5,826 square feet.
4. Whether the proposed variance will have an adverse effect or impact on the physical
or environmental conditions in the neighborhood or district.
The action is a type II action under SEQR and is considered to have no or small
environmental impact. Furthermore, the applicant has planned or completed extensive
work, such as removing the pre-existing asphalt parking area, the installation of
landscape plantings, and the construction of a green roof on the home. The construction
of an additional 574 sf of building is very unlikely to have an adverse impact on the
physical or environmental conditions of the neighborhood.
5. Whether the alleged difficulty was self-created.
The difficulty is self-created.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS,
Considering all of the statutory factors set forth above, the Board of Zoning Appeals concludes
that;
Increasing the existing building footprint from 5,826 square feet to a building footprint of 6,400
square feet where 2,000 square feet is the maximum permitted will not have a negative impact on
the character of the neighborhood or the environmental conditions of the neighborhood. The
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variance is substantial and the difficulty is self-created. However, the benefits to the applicant do
outweigh the potential detriment to the health, safety and welfare of the neighborhood.
For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby does grant
the area variance requested by the applicant to permit a maximum building footprint of 6,400
square feet.
Motion: TYLER
Second: HOWARTH
Aye Nay Abstain
Morreale 1
Howarth 1
Tyler 1
Hillman 1
Thompson 1
(alt) Butler
Result: Variance granted
Public Hearing – Appeal by Meaghan Walsh (Brotherton Construction), acting as
authorized agent on the behalf on Eric & Sheri DeGraw, for an area variance from §212-47
F.(side yard setback in the Lakeshore Zone). The applicant is proposing an addition at the
northwest corner of the existing residence, 13.9 feet from the side yard, where 15 feet is the
required side yard setback. The property is 1.69 acres in size and is located at 1153 Taughannock
Blvd, Tax Map # 31.-2-6
Ms. Walsh said the applicant wishes to expand the west side of the house to accommodate a one-
floor, in-law suite. The addition will extend out 6.6 feet and will not require any digging into the
nearby embankment.
The Town received no correspondences regarding this proposal, though Ms. Walsh said the
northern neighbors at 1155 Taughannock Blvd. submitted a letter that day. There were no public
comments offered during the hearing.
Mr. Howarth found the project straightforward – the proposal calls for a small addition that has
no impact on the viewshed. The only minor concern, he added, is a slight increase of surface
area. Mr. Morreale raised the topic of water retention. Ms. Walsh said gutters and foundation
plantings were the plan thus far, but the contractors are open to suggestions. Mr. Hillman
suggested a rain barrel or swale to mitigate run-off and erosion on the nearby steep slope; Mr.
Zepko suggested a diverting spreader on the downspout, so as not to create any run-off channels.
A condition was added to the resolution calling for a mechanism to diffuse extra run-off.
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Resolution
Whereas, the appeal by Meaghan Walsh (Brotherton Construction), acting as authorized agent
on the behalf on Eric & Sheri DeGraw, for an area variance from §212-47 F. (side yard setback
in the Lakeshore Zone). The property is located at 1153 Taughannock Blvd, Tax Map # 31.-2-6
and is 1.69 acres in size; and
Whereas, the relief requested is for an addition at the northwest corner of the existing residence,
13.9 feet from the side yard, where 15 feet is the required side yard setback; and
Whereas, the action is a Type II action under SEQR 617.5(c)(16) “granting of individual setback
and lotline variance…” and requires no further review; and
Whereas, by considering the five statutory factors, the BZA reviewed the record and weighed
the benefits to the Applicant against the detriment to the health, safety and welfare of the
neighborhood if the variances are granted. The benefit sought by the applicant is for the purpose
of permitting an addition 13.9 feet from the Northern property line where 15 feet is the required
setback.
1. Whether an undesirable change will be produced in the character of the
neighborhood or a detriment to nearby properties will be created by the granting of
the area variance.
The new addition is in alignment with the orientation of the existing home. The
neighborhood itself is residential in nature and is unlikely to be negatively impacted by
this addition to the residence.
2. Whether the benefit sought by the applicant can be achieved by some other method,
feasible for the applicant to pursue, other than area variances.
Sufficient room appears to exist on the property to construct an addition within the
required 15’ side yard setback area.
3. Whether the requested area variances are substantial.
The variance is not substantial. The applicant is seeking a variance to infringe upon the
side yard setback by 1.1 feet, from 15 feet to 13.9 feet. This is an approximately 7.3%
reduction in setback.
4. Whether the proposed variance will have an adverse effect or impact on the physical
or environmental conditions in the neighborhood or district.
The project is small in size (approximately 6.5’ x 20.5’) and is not in a Unique Natural
Area or Steep Slope Overlay area. It is unlikely that the project will result in significant
adverse environmental impacts.
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5. Whether the alleged difficulty was self-created.
Yes, the difficulty is self-created.
NOW THEREFORE BE IT RESOLVED AS FOLLOWS,
Considering all of the statutory factors set forth above, the Board of Zoning Appeals concludes
that;
Infringing on the side yard setback from 15 feet to 13.9 feet to allow an addition to the existing
home will not have a negative impact on the character or environmental conditions of the
neighborhood. The variance is not substantial and the difficulty is self-created. However, the
benefits to the applicant outweigh the potential detriment to the health, safety and welfare of the
neighborhood.
Approval of the variance is conditioned on the following: the project will include a mechanism
to diffuse extra runoff to reduce potential for erosion.
For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby does grant
the area variance requested by the applicant to infringe upon the side yard setback on the North
side of the property by 1.1 feet, from 15 feet to 13.9 feet.
Motion______THOMPSON_
Second_______HOWARTH
Aye Nay Abstain
Morreale 1
Howarth 1
Tyler 1
Hillman 1
Thompson 1
(alt) Butler
Result: Variance granted
Mr. Tyler MADE the MOTION to adjourn the meeting, and Mr. Hillman SECONDED the
MOTION. The motion was unanimously carried.
Meeting adjourned at 9:51 p.m.
Respectfully submitted by Louis A. DiPietro II on August 5, 2020.