HomeMy WebLinkAbout2022-2-16-BZA-FINAL-minutesTown of Ulysses
Board of Zoning Appeals (via Zoom)
Final Meeting Minutes
February 16, 2022
Approved: January 18, 2023
Call to Order: 7:00 pm
Present: Chair Steve Morreale, Cheryl Thompson, Andrew Hillman, David Tyler, and Bob Howarth.
Members of the Public Present: Linda Liddle, Leslie Webster, Jason Demarest, Brian Grout.
Agenda Review: The agenda was approved without change.
Minutes Review (February 1, 2022): approved without change.
Privilege of the Floor: None.
Business:
Public Hearing – 108 Willow Creek Point Rd; Tax Map # 18.-1-17.12: Appeal by Jason K. Demarest
representing Michael and Debbie Kamark, owners, for an area variance from §212-47 (E), minimum
setback from Cayuga Lake in the Lake Shore (LS) Zone. The applicant is seeking to build a two-story
accessory building with a footprint of 440 square feet that is 20’ from the side property line, where 50’
feet is required. The property is approximately 2.1 acres in size.
Mr. Morreale opened the public portion of the meeting.
Mr. Demarest, architect representing the Kamarks, presented the plan: to place an existing storage shed
with a new shed that can hold the owner’s numerous kayaks, boats, and a 30-ft rowing shell, install a
covered deck on top of the new shed, install a new staircase to the lake that is closer to the deck and
connect the deck and stairway with an elevated walkway. He said the plan also includes a storage level
that will be covered with stone facing and landscaping to help the finished project blend into the
surrounding cliffs and shoreline.
Also, a rain garden will be installed by the driveway on the road-facing side of the house, to decrease the
sheeting of rain across the lawn, Mr. Demarest said.
The public hearing ended and Board members began discussion.
Much conversation focused on the breadth and visual impact of the new structure and the resulting
increase in impervious surfaces. Mr. Morreale noted the new structure(s) will be higher and longer, with
the porch possibly protruding into neighbors’ sightlines. Ms. Thompson agreed, saying the said the
finished project is a lot of buildup. Both Mr. Hillman and Mr. Morreale mentioned concerns about how
the new project will increase the impervious surface of the property.
Mr. Demarest proposed the following: remove a four-foot bump-out from the screened porch on top of
the new shed, which would bring the impervious surface coverage under the required five percent;
move in the sides of the screened porch; and lower the pitch of the roof. He added that the owners plan
to cover the lake-facing side of the screened porch with vines. Mr. Morreale asked that removal of the
existing lake-access stairway be stipulated in the revised proposal. Mr. Howarth suggested increasing
the size of the rain garden to be installed by the driveway.
After Mr. Demarest and Ms. Thompson discussed numbers – porch dimension, roof pitch – the BZA
moved on to the resolution.
WHEREAS, appeal by Jason K. Demarest representing Michael and Debbie Kamark, owners, for an area
variance from §212-47 (E), minimum setback from Cayuga Lake in the Lake Shore (LS) Zone. The
applicant is seeking to build a two-story accessory building with a footprint of 440 square feet that is 20’
from the side property line, where 50’ is required.
WHEREAS, by considering the five statutory factors, the BZA reviewed the record and weighed the
benefits to the Applicant against detriment to the health, safety and welfare of the neighborhood if
variance is granted. The benefit sought by the applicant is to permit a structure to be 20 feet from
property line, where 50 feet is required.
1. Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by granting variance.
Hard surfaces are being added but their impact will be mitigated by installation of rain garden
and removal of existing lake-access staircase.
2. Whether the benefit sought by the applicant can be achieved by some other method,
feasible for the applicant to pursue, other than an area variance.
Existing cliff limits the depth of beach area available for an accessory building and is considered
a practical difficulty.
3. Whether the requested area variances are substantial.
The requested variance is substantial -- setback is infringed upon by 50%, however, the new
structure is completely within required setback and mostly covers an existing footprint.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions of the neighborhood or district.
Addition of a rain garden and smaller size structure will mitigate any adverse effect or negative
impact.
5. Whether the alleged difficulty is self-created.
The difficulty is self-created.
NOW THEREFORE BE IT RESOLVED:
Considering all the statutory factors set forth above, the Board of Zoning Appeals concludes that:
Infringing on the front yard setback by 50% may have some adverse impact on the character and/or
environmental conditions of the neighborhood, but these will be mitigated by conditions set forth in the
proposal, and grants the requested variance.
Motion passed unanimously.
Meeting adjourned at 9:07PM