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HomeMy WebLinkAbout2013-06-19-BZA MINUTES TOWN OF ULYSSES ZONING BOARD OF APPEALS 06/19/13 Approved 07/18/13 PRESENT : Chairman George Tselekis, Board Members-Barbara Bristow, Richard Coogan, Andy Glasner, Carl Mann, Environmental Planner Darby Kiley, Town Board Member Applicant: Leslie Howe Public : Frank Howe Mr. Tselekis called the meeting to order at 7 : 00 pm . He noted the members present. Mr. Tselekis stated the purpose of the Public Hearing is to consider an appeal by Leslie Howe for area variance(s) under Article VII Section 7 . 6 and Article XXI Section 21 . 4 of the Town of Ulysses Zoning Law. This is for the purpose of the construction of an eight foot high fence approximately one foot from the property line, which is within the side yard setback. Fences greater than six feet above the natural grade need to meet the Lot Area and Yard Requirements, which include a fifteen foot setback from the side yard line. The property is located at 1056 Kraft Rd, Town of Ulysses . The Tax Parcel Number is 19 . - 3 - 19 . He asked if the applicant was present. The applicant confirmed she was. He asked the applicant to describe the project. Ms. Howe stated she had contacted Peter Whitmore regarding installing this fence . He advised her she would need the variance due to height. She stated her property sits higher than her neighbors, when she is using her computer she views the neighbor ' s back yard which if filled with lots of debris . She maintains a tidy yard and recently contacted a real 1 estate agent about selling the home and was advised the neighbor' s yard would be a problem. She took pictures from her side to get a rough idea of what she is dealing with. She would like to construct and attractive fence along this side of her property, it would be 104 feet long, 8 feet high with a lattice top . She felt this would be a win/win situation for both of the property owners . She would not have to view the debris on her property and this would increase the value of ther property. There is a garden and forsythia on the side but the fence would not disturb any of this . She would also like this fence as she does have a lot of deer that eat plants on both properties she could use the fencing to help stop some of this for both property owners . Mr. Mann asked for clarification for regulation. Ms . Kiley stated anything over 6 feet need a building permit and comply with zoning regulation. Mr. Howe stated he lives up the road, he has seen the damage the deer do to the vegetation around this area. He felt the design is visually appealing . He noted if she complied with the 15 feet the fence would be on the other side of shrubs she has already planted. He would like to support her in acquiring the variance . Mt. Tselekis noted the neighbors had been notified, he visited the site and it is kept very tidy. He asked for other questions or comments . Mr. Maim asked how far from the road would the fence start. Ms. Howe stated she has a row of pine trees and shrubs at the beginning of the property the fence would start 20 to 30 feet from the road, Mr. Mann asked the height of the door casing . Ms Kiley provided a tape measure and measure the 8 feet height for the members . 1 Mr. Coogan Tasked if the applicant had contacted the Town or asked the neighbor to clean up his yard. Ms . Howe stated she had not as she is not good at confrontation. She was not sure if it was appropriate for her to request he clean his yard. Ms . Kiley stated the neighbor had taken down vegetation, there are uprooted shrubs laying in the yard in front of the road, some have been blown down the road, Mr. Tselekis asked if there were any other questions or comments . None were offered, he asked if anyone had a motion to make . Mr. Mann MADE the MOTION, Ms . Bristow SECONDED the MOTION as follows : Whereas, the Town of Ulysses Board of Zoning Appeals has reviewed the variance and determined there would not be an undesirable change to the neighborhood, and Whereas, the benefit cannot be achieved by an alternative method, and Whereas, the request is substantive in relationship to the side setback of 15 feet, but is not substantive in relationship to the height of 8 feet. Whereas, this was not self created, THEREFORE BE IT RESOLVED, the Town of Ulysses Board of Zoning Appeals approves an area variance to Leslie Howe for construction of an eight foot high fence approximately one foot from the property line, which is within the side yard setback. The location of the property is 1056 Kraft Road, Town of Ulysses, Tax Parcel 19 . -3 - 19 . The vote was taken as follows : I Ms . Bristow AYE Mr. Coogan NAY Mr. Glasner AYE Mr. Mann AYE Mr. Tselekis AYE Motion approved, VARIANCE granted. Mr. Tselekis stated they have the minutes of 05/ 15/ 13 , the Board approved a variance for Richard Erali to subdivide his property. Mr. Glasner MADE the MOTION, Mr. Mann SECONDED the MOTION to approve the minutes . Unanimously approved, MINUTES APPROVED . Mr. Tselekis adjourned the meeting at 7 : 30 pm . Respectfully submitted, Robin Carlisle Peck Secretary 2