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HomeMy WebLinkAbout2017-05-17-BZA-FINALTOWN OF ULYSSES BOARD OF ZONING APPEALS MEETING MINUTES Wednesday, May 17, 2017 Approved: June 21, 2017 Present: Chair George Tselekis, and board members Andy Hillman, Bob Howarth, David Means, Steve Morreale, and board alternate Cheryl Thompson; Environmental Planner Darby Kiley. Public in Attendance: Jon Ferrari and Karen Meador Call to Order: 7 p.m. Public Hearing: Appeal by Karen and Robert Meador for area variance(s) under Section 212-54 Lot Area and Yard Requirements of the Town of Ulysses Zoning Law. This is for the purpose of constructing an approximately 43 feet by 50 feet garage at an existing single-family residence. The garage would be located 28 feet from the right of way where 50 feet is the required front yard setback in the LS -Lakeshore District. The garage would be located on the footprint of previously demolished building. The property is located at 1617 Taughannock Blvd, Town of Ulysses, Tax Parcel Number is 16.4-16. Ms. Meador said she has deep roots in the community — her maiden name is Salo, after the village road — and grew up on a farm south of Ithaca. Ten years ago, she and her partner bought the Taughannock Boulevard property, which used to be the Cayuga Inn. It was built in the 1920s, received an addition in the 1960s and was mostly destroyed by fire in the 1980s. However, the foundation is still there, and the applicants would like to build a garage on this existing foundation. The Meadors permanently relocated to the property a year ago and have designed their home and proposed garage with the intention of residing there as seniors. They have planted a substantial number of trees and shrubs on the property. Being mindful of preserving the land, Ms. Meador said they plan to discreetly place the garage within the landscape — the property is located below grade — with entry from the south and exit via the north. The garage will also have a green, vegetative roof, further blending with the surrounding landscape. The plan is not to disturb the site, Mr. Ferrari said. The garage's proposed location will give the applicants wheelchair access to the structure. Ms. Kiley reported having not received any correspondences from neighbors. Asked about the roof and the property's grade, Mr. Ferrari said it is likely the garage's roof may be higher than the house's. Taughannock Boulevard is almost 6 feet or so above grade from house and garage. Mr. Morreale asked about water runoff, and Mr. Ferreri said green roofs typically moderate water runoff, but drainage will likely be channeled into the yard. He said he has yet to develop a water management plan. Ms. Meador noted the Inn's old foundation includes a concrete slab, which creates pooling issues during storms. This proposal will Board of Zoning Appeals 2 May 17, 2017 substantially mitigate that problem, she said. Mr. Ferrari said the project will include the design of rainwater infiltration zones. There is a natural spring that comes out under the house to the north, he said, and that might be a good area to send rainwater. The applicants plan to install a semi -permeable driveway. Ms. Thompson commended the design and felt the variance is reasonable, considering there are several other neighboring garages located close along the Taughannock Boulevard roadway. Asked about the roof height, Mr. Ferrari said the garage will be, at maximum, 3 feet about the grade of the road. The plan is to use blue stone on roof areas that cannot support vegetation, he said. Discussing roadside buffers, Ms. Meador said there are already several 7- or 8 -foot blue spruces that were planted nine years ago. Additional plantings are included in the project, Mr. Ferrari added, because the applicant may also have a deck installed in the future and will want more visual buffers. Mr. Howarth MADE the MOTION to grant the variance, and Mr. Hillman SECONDED the MOTION as follows: The BZA reviewed the record and weighed the benefits to the Applicants against the detriment to the health, safety and welfare of the neighborhood if the variance is granted by considering the five statutory factors. Benefit sought by applicants is to build a garage in an old foundation that is located 28 feet instead of 50 feet from the right of way: I . 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 variances. The garage is not likely to produce an undesirable change in the character of the neighborhood. The garage would be in the same footprint where the Cayuga Inn was located. Taughannock Blvd is relatively straight in the vicinity and would not cause any line of sight issues for drivers. 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. The other three sides of the house are limited because of an existing tree, the windows of the existing house, and steep topography. 3. Whether the requested area variances are substantial. The area variance for the front yard setback - 28 ft vs 50 ft - is substantial. However, this would be in an area previously disturbed by the existing foundation. 4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Board of Zoning Appeals 3 May 17, 2017 It is not likely that the variance will have an adverse impact on the physical or environmental conditions of the neighborhood. The location is in a previously disturbed area and will require little if any further land disturbance. 5. Whether the alleged difficulty was self-created. The difficulty is self-created because the applicant is choosing to build a garage; however the existing house and the topography limit the locations for the garage. 6. Considering all of the statutory factors set forth above, the Board of Zoning Appeals concludes as follows, the garage will not have a negative impact on the character of the neighborhood, the location of the house and topography limit other options, and the garage site is in the footprint of a previously demolished building. The front yard setback variance is substantial, and difficulty is self-created, however the benefits to the applicants outweigh the detriment to the health, safety and welfare of the neighborhood. For the reasons set forth above, and upon the evidence, law and facts, it is the opinion of the BZA that the appeal for an area variance be granted. The vote was as follows: Mr. Tselekis AYE Mr. Hillman AYE Mr. Howarth AYE Mr. Means AYE Mr. Morreale AYE Result: Variance granted At this time, the Board informally discussed the Inn at Taughannock project. Ms. Kiley said she received a phone call from the applicant's attorney, who expressed that the applicant wished to provide additional materials and asked that the review be postponed. Allowing the Planning Board sufficient review at its June 6 meeting, the proposal would then come before the BZA at its June 21 meeting. Mr. Tselekis asked if the SEQR would be all-encompassing, including every aspect of the Inn project. Ms. Kiley provided a brief explanation of type 1, type 2 and unlisted actions. The signage and new building are considered unlisted actions. The BZA and Planning Board will both look at the environmental assessment form, which covers every aspect of the project. Each board will complete their own environmental determination. Asked if the State Park is involved in the SEQR, Ms. Kiley said they have been notified of the project but are not considered an involved agency. She reminded Board members that they may choose to dedicate more than one meeting to the project. They have 62 days from the time of the public hearing to rule on the variance requests. The Inn's building height was briefly discussed and acknowledged as one area that will need clarification. Ms. Kiley said the Town Attorney will be reviewing the Inn's proposal. Board of Zoning Appeals 4 May 17, 2017 Discussion on draft zoning presentation to zoning update steering committee Board members briefly discussed BZA representation at an upcoming Zoning Update Steering Committee meeting. Mr. Tselekis nominated Mr. Howarth to serve as BZA representative, and Mr. Howarth agreed. Mr. Tselekis MADE the MOTION to name Mr. Howarth as BZA representative, and Mr. Morreale SECONDED the MOTION. The motion was unanimously carried, 5-0, with Ms. Thompson voting in place of Mr. Howarth, who recused himself. Meeting Minutes Review (4/19/17) Mr. Morreale MADE the MOTION to accept the amended April 19, 2017 meeting minutes, and Mr. Howarth SECONDED the MOTION. The motion was unanimously carried. Mr. Means MADE the MOTION to adjourn the meeting, and Mr. Morreale SECONDED the MOTION. The motion was unanimously carried. Meeting adjourned at 7:44 p.m. Respectfully submitted by Louis A. DiPietro II on May 22, 2017.