HomeMy WebLinkAboutZBA Minutes 2022-09-13Town of Ithaca Zoning Board of Appeals
September 13, 2022
Minutes
Board Members Present: David Squires, Chair; Chris Jung, Stuart Friedman and Mark Apker
Absent: David Williams
Marty Moseley, Director of Codes; Paulette Rosa, Town Clerk; and Susan Brock, Attorney for
the Town
Mr. Squires opened the meeting at 6:01 p.m.
ZBAA-22-122 Appeal of Erin Croyle, owner of 138 Burleigh Drive, TP 72: 1-1.190, MDR is
seeking relief from Town of Ithaca Code section 270-223A (9) to install a fence with the finished
side not facing the abutting properties or the street.
Daniel Sheire, gave an overview of the need for the fence as proposed for medical reasons for the
safety of their child, adding that his neighbors have agreed that this is necessary and are not
opposed to the appeal.
Mr. Sheire stated that his son is falls under the NYS Department of Disabled Persons and
described the issue of his attempts to explore his world and not be contained in the yard. Having
the unfinished side on the interior would allow him to climb the fence and NYS requires the
finished side to be on the inside to help mitigate these types of safety issues.
Mr. Squires opened the public hearing at 6:08 p.m.; there was no one wishing to address the
Board and the hearing was closed.
Discussion
Ms. Jung stated that she visited the site, and it is a well wooded area. She felt the fence would
disappear in the shrubbery and tree growth.
Mr. Apker agreed, saying that it is not substantial and will have no more impact than the fence
facing the other way. They could put a double fence up so both sides are the finished side, but
that is not a reasonable mitigation for a minor variance of this type.
Ms. Brock noted that SEQR is not required as this is a minor accessory residential structure and
environmental review is not required.
Mr. Squires opened the public hearing; there was no one wishing to speak and the hearing was
closed.
ZBAA 22-122 Resolution Area Variance
138 Burleigh Dr, TP 72: 1-1.190, MDR
ZBA 2022-09-13 (Filed 5/25/23)
That this board grants the appeal of Erin Croyle, seeking relief from Town of Ithaca Code
section 270-223A (9) to install a fence with the finished side not facing the abutting properties or
the street, with the following:
Conditions
1. Built to specifications and as depicted in the materials submitted.
and with the following
Findings
That the benefit to the applicant does outweigh any detriment to the health, safety and welfare of
the community, specifically
1. That the benefit that the applicant wishes to achieve cannot be achieved by any other
means feasible given the health and safety standards of the New York State Office of
Persons with Disabilities (NYSOPD) requires a fence structure that impedes eloping;
and
2. That there will not be an undesirable change in the neighborhood character or to nearby
properties given that the fence is a typical wooden fence and will blend into the existing
trees, and
3. That the request is substantial given that the Code requires the finished side of a fence to
face abutting properties, but this is mitigated by the Office of NYSOPD as stated
previously and the fence meets all other Code requirements; and
4. The request will not have adverse physical or environmental effects as evidenced by
SEQR not being required; and
5. That while the alleged difficulty is not self-created in that it is being built according to
NYSOPD.
Moved: David Squires Seconded: Mark Apker
Vote: ayes — Squires, Friedman, Jung, and Apker
ZBA 2022-09-13 (Filed 5/25/23)