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HomeMy WebLinkAbout2013-10-16-BZATOWN OF ULYSSES BOARD OF ZONING APPEAL OCTOBER 16, 2013 Approved 4/16/14 Present: Chairman -George Tselekis, Barbara Bristow, Richard Coogan, Carl Mann Excused: Andy Glasner Applicants: Joe Nieuwendyk, Lynn and Warren Brown, Bruno Schickel, Mike, Sue and Marie Roenke. Public: Janet Palmer, Tony Cratchy, Tatiana Stanton, Wendy and Lance Livermore Mr. Tselekis called the meeting to order at 7:OOpm. He noted the members present. He informed the group they have 3 cases to review. The first on the agenda is a public hearing to consider an appeal by Joe Nieuwendyk 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 a garage and a fence. The proposed garage will be approximately 675 square feet and located five (5) feet from the on the side property line, where fifteen (15) feet is required. The proposed fence will include a ten (10) foot high section. Fences greater than six (6) feet above the natural grade need to meet the Lot Area and Yard Requirements, which include a fifteen (15) foot setback from the side yard line. The property is located at 1493 Taughannock Blvd, Town of Ulysses. The Tax Parcel Number is 17.-1-5. He asked the applicant to describe the project. Mr. Nieuwendyk stated he would like to have this fence to provide privacy for himself and his neighbor. There is an old run down garage that he would like to replace to provide storage for his boat and jet skis. He thought this would improve the look of his property. In addition, the fence would provide some noise mitigation for his neighbors as well. He does have children and would like to install a sports pad for basketball, tennis, etc. He noted there is an elevation difference between the houses, so that he can see the neighbors septic tank at one point. He has owned this property for 26 years. He has 3 children ages 12, 11 and 8; he has improved and taken good care of this property and fully intends to continue to do so in the future. He tore the old fence down 3 weeks ago. He had not touched the garage until that time. The garage had an apartment in it at one point. One of the rooms was caving in thus left abandoned. He would like to install the fence and garage to continue to improve the look and function of his property. Mr. Tselekis asked for questions or comments. Ms. Palmer stated she is the neighbor and was concerned as she had not been informed of any changes. She noted the digging and demolished garage being done. She got the letter on the 101h informing her of this project. Her husband passed away, she is trying to get her property maintained and had to have a permit prior to digging. She was curious why this is happening. She had a conversation with Joe while he was cutting brush and trees where they park. On his lot it is okay but she is concerned it will go onto her Board of Zoning Appeals 12 October 16, 2013 property. They have a picnic area near this area; a small privacy fence would be nice but she has concerns. Mr. Tselekis verified that neither the fence nor the garage would be on Ms. Palmer's property. He verified Ms. Palmer does not have an issue with the fence being installed. Mr. Mann asked Ms. Palmer if she would have an issue with the garage being built, and she would not have an issue with that. Mr. Coogan stated that the code limits fence height on the property line to 6 ft. high fence, and the applicants are asking for 10; he asked the applicants to clarify why they needed the extra height. Mr. Nieuwendyk stated he has seen a fence on Agard Road, it is about 8 feet high with trellis work on the top part to extend it to the 10 ft. Mr. Tselekis asked if there were any additional questions or concerns; none were offered. He asked if the neighbors were notified and had any correspondence been received. It was noted that the legal notices were sent, no correspondence had been received. He noted they would have to propose and vote on two separate variances. He asked if a member had a motion. Mr. Mann MADE the MOTION, Mr. Coogan SECONDED the MOTION as follows: Whereas, the Town of Ulysses Board of Zoning Appeals has reviewed the variance and determined that the garage being 5 feet off the property line instead of the required 15 feet, it is 2 feet farther than it was before, which is a desirable change, so there would not be an undesirable change to the character of the neighborhood or a detriment to nearby properties will not be created by the granting of the area variance, and Whereas, the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, not really because a garage would end up blocking the driveway if he moved off more than five foot, and Whereas, the requested variance is substantial but it is the only way he can build the garage and still use the driveway, and Whereas, the proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood, Whereas, while the alleged difficulty was self-created, that shall not preclude the granting of the variance, THEREFORE BE IT RESOLVED, the Town of Ulysses Board of Zoning Appeals approves an area variance to Joe Nieuwendyk for area variance(s) under Article VII Section 7. This is for the purpose of the construction of a garage and a fence. The proposed garage will be approximately 675 square feet and located five (5) feet from the side property line, where fifteen (15) feet is required. The property is located at 1493 Taughannock Blvd, Town of Ulysses. The Tax Parcel Number is 17.-1-5. Board of Zoning Appeals 3 October 16, 2013 The vote was taken as follows: Ms. Bristow AYE Mr. Coogan AYE Mr. Mann AYE Mr. Tselekis AYE Motion approved, VARIANCE granted. Ms. Palmer asked if there would be any plantings around the fence. Area variance for the Fence: Mr. Mann MADE the MOTION, Mr. Coogan 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 or a detriment to nearby properties will not be created by the granting of the area variance, and Whereas, the benefit cannot be achieved by some other method other than an area variance, and Whereas, the request is substantial more than 4 feet higher than what is allowed, and Whereas, whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood, I don't believe it will, and Whereas, the alleged difficulty is self-created, it shall not necessarily preclude the granting of the variance, THEREFORE BE IT RESOLVED, the Town of Ulysses Board of Zoning Appeals approves an area variance to Joe Nieuwendyk for area variance(s) under Article VII Section 7 for an eight foot high but not a ten (10) foot high fence. The property is located at 1493 Taughannock Blvd, Town of Ulysses. The Tax Parcel Number is 17.-1-5 The vote was taken as follows: Ms. Bristow AYE Mr. Coogan NAY Mr. Mann AYE Mr. Tselekis AYE Motion approved, VARIANCE granted for an eight foot fence. Mr. Coogan stated the installation of this fence also blocks wildlife and airflow, he is opposed to going against the height and setback requirements. Board of Zoning Appeals 14 October 16, 2013 Mr. Tselekis stated the next item on the agenda is an appeal by Warren and Lynn Brown for area variance(s) under Article VII Section 7.6 of the Town of Ulysses Zoning Law. This is for the purpose of the construction of a deck, where it will be approximately 32 feet from the Lakeshore, and 50 feet is required. The property is located at 102 Willow Creek Point Rd, Town of Ulysses. The Tax Parcel Number is 18.-1-19.3. He asked the applicant to describe the project. Mr. Bruno Schickel introduced himself as the contractor. He provided diagrams of the project. He noted the odd shaped roof and updated wrap around porch would improve the views for this property of the lake. In addition, it would not be substantially different but updated. Currently, 50 feet from the lake is required vs. 32 that the project is measured. The roof line would increase by about a foot, the deck 2 feet. Mr. Tselekis asked for questions or comments from the Board; none were offered. He asked if the neighbors had been notified, this was confirmed. Mr. Brown presented two letters from neighbors for the legal files. The first letter was from Donald Wilson, 106 Willow Creek Road, the second was from Michael and Debbie Kamarck, 104-108 Willow Creek Road. Both were supportive of this project and did not feel the 2 feet would inhibit their views but rather improve this property. Mr. Tselekis asked if a member would like to make a motion. Ms. Bristow MADE the MOTION, Mr. Coogan SECONDED the MOTION as follows: Whereas, there will be no undesirable change to the neighborhood or to nearby properties, and Whereas, the request is not substantial, and Whereas, the request will not have any physical or environmental effects, THEREFORE BE IT RESOLVED, the Town of Ulysses Board of Zoning Appeals approves an area variance to Warren and Lynn Brown for the purpose of the construction of a deck, where it will be approximately 32 feet from the lakeshore, and 50 feet is required. The property is located at 102 Willow Creek Point Rd, Town of Ulysses. The Tax Parcel Number is 18.-1-19.3. The vote was taken as follows: Ms. Bristow AYE Mr. Coogan AYE Mr. Mann AYE Mr. Tselekis AYE Motion approved, VARIANCE granted. Board of Zoning Appeals 15 October 16, 2013 Mr. Tselekis noted the last item on the agenda is for a Public Hearing is to consider an appeal by Susan and Richard Roenke for area variance(s) under Article XVII Section 17.8 of the Town of Ulysses Zoning Law. This is for the purpose of the keeping of sheep, where the number of sheep does not meet the maximum number permitted by the Standards for Animals in Residential Areas. The property is located at 2586 Agard Rd, Town of Ulysses. The Tax Parcel Number is 19.-1-3.35. He asked the applicant to present their project. Mr. and Mrs. Roenke stated this is their property; however the animals belong and are maintained by their daughter. They have had these animals for 10 years. They supplement in the winter by feeding hay. They have been given permission to use the Grassroots property on Kraft Road for winter grazing. There are over 65 acres for the animals on that property. Ms. Stanton introduced herself as an Extension Agent for Cornell. She stated that she had reviewed the zoning and felt it was not accurate with calculating numbers. The sheep on this property are substantially smaller than a horse or cow and the Town zoning does not reflect the proper animal units. This breed should be considered .1 per acre thus 10 per acre vs. 16 totals per town. They are in contact with NYS Ag. And Markets and hope for some assistance. Mr. Tselekis noted using that measurement it appeared the Town regulations might be too restrictive. Mr. Tselekis asked if any correspondence had been received. Letters from Joel and Laura Wysong had been received. They are in favor as they use the sheep manure for organic gardening. An Anonymous letter was also received, and they were not in support due to maximum number of sheep seem to be increasing, questions details of the feeding, and the sheep get out of the fencing. Ms. Kiley noted Deb Teeter from Coop. Ext. had reviewed the regulation. The Agricultural District on which NYS Department of Ag and Markets comments is not the same as the Town's zoning districts. The Town's right to farm regulations apply in the Al, but not applicable to Residential Zoning. Mr. and Mrs. Livermore stated they are a neighbor. The Roenke's routinely rotate the sheep for grazing. Every few months they rotate to the front yard or back yard. Not all of the fencing is electrified and the sheep get out. There is a small gate that they can escape from. When the Livermore's come home from work, they find the sheep in their yard. The sheep do damage to the grass and lawn; and manure is on their property. They have concerns with the numbers that are being allowed as well as the odor from the animals on their neighbor's property. They appreciate she is doing this to raise money for her college cost; however they do not feel it is being controlled. They were told there would be some sheep then 60+ sheep appeared on the lot. Ms. Stanton stated she was not aware they were pasturing out front. Mr. Tselekis noted there are containment issues that need to be addressed. Mr. Mann asked if there is a written agreement for the Grassroots property. He has concerns as some of this property is borders Jacksonville Road and is near a swamp area. Board of Zoning Appeals 16 October 16, 2013 Mr. Coogan suggested they table the application until they receive a written lease for the Grassroots property; in addition work with Tompkins County Soil and Water Conservation District or Coop. Extension to establish an animal management plan. Mr. Tselekis asked the applicants if they were acceptable to this. They indicated they would be. Mr. Coogan MADE to MOTION to table the application until the Dec. 18th meeting, Mr. Mann SECONDED the MOTION. The vote was unanimous, MOTION APPROVED. Mr. Tselekis adjourned the meeting at 8:05 pm. Respectfully submitted, Robin Carlisle Peck Administrative Assistant