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HomeMy WebLinkAbout2017-07-19-BZA-FINALTOWN OF ULYSSES BOARD OF ZONING APPEALS MEETING MINUTES Wednesday, July 19, 2017 Approved: August 22, 2017 Present: Chair George Tselekis, and board members Andy Hillman, David Means, Steve Morreale, and board alternate Cheryl Thompson; Environmental Planner Darby Kiley. Mr. Howarth was excused. Public in Attendance: Fred Clark, Nancy Cool, Judith Abrams, Sherman Kelly, Jamie Swinnerton, Sally Yates, Dolores Higareda, Don Ellis, Mathew Crothenberg, Jeremy Faulkner, Karen Springer, Leslie Webster, Carl Mazzocone, Jason Demarest, Holly Austin, and Mack Travis. Call to Order: 7 p.m. Continuation of SEAR Determination and Public Hearing: Appeal by TFI Landco, LLC for area variances under Section 212-122 Standards for Signs for the B1 -Business District of the Town of Ulysses Zoning Law. The property is located at 2030 Gorge Rd, Town of Ulysses, Tax Parcel Numbers are 14.4-11, 14.-3-18.1, and 14.-3-18.2. Signs — For the purpose of installing new and replacing existing signs on the three parcels of the Inn at Taughannock, the applicant is pursuing the following area variances: On Tax Parcel Number 14.-1-11 on the north side of Gorge Rd, the proposal includes three (3) business directional signs and two (2) freestanding signs. The zoning law allows for no more than two (2) business directional signs per parcel, and business directional signs are limited to six (6) feet in height and six (6) square feet. Sign #1, a business directional sign on the northern boundary with Taughannock Falls State Park, is proposed to be 14.3 feet tall with a surface area of 35.7 square feet. Sign #4, the second business directional sign to be located on the western Inn entrance on Gorge Rd, would have a height of 7.4 feet and surface area of 20.5 square feet. Sign #5, the third business directional sign to be located at the eastern Inn entrance on Gorge Rd, would have a height of 12.8 feet and surface area of 35.8 square feet. The zoning law allows for one freestanding sign with a height limit of 15 feet and area of 24 square feet. The applicant is proposing two (2) freestanding signs. Sign #2 would be parallel to Trumansburg Rd with a height of six (6) feet and a surface area of 133.5 square feet. Sign #3 would replace the existing sign at the corner of Taughannock Blvd and Gorge Rd. The sign is proposed to be 14.9 feet tall with a surface area of 104.4 square feet. On Tax Parcel Number 14.-3-18.2 on the south side of Gorge Rd, eastern parcel, the proposal includes one business directional sign and one freestanding sign. Sign #6, a business directional sign at the driveway entrance for the Lakeview building, would have a height of 9.0 feet and Board of Zoning Appeals 2 July 19, 2017 surface area of 24.8 square feet, exceeding both the height and surface area requirements. Sign #10, a freestanding sign to be located along Taughannock Blvd south of Gorge Rd, would have a height of 8.1 feet and surface area of 23.8 square feet and meets the zoning requirements. Continuation of Public Hearing: Appeal by TFI Landco, LLC for area variances under Section 212-92 D, 212-92 E, 212-92 G, and 212-120 B(3). The property is located at 2030 Gorge Rd, Town of Ulysses, Tax Parcel Numbers are 14.-1-11 in the B1 -Business District of the Town of Ulysses. Setbacks — For the purpose of constructing a new building between Gorge Rd and the existing main inn building, the proposed building, referred to as the gatehouse and stables, would not meet the required 30 foot front yard setback at the Gorge Rd right of way. The proposed building would be located as close as 1.4 feet to the right of way and 1.7 feet to a side yard that borders New York State Parks parcel at the corner of Taughannock Blvd and Gorge Rd. The required side yard setback is 15 feet. Height — The maximum building height in the B 1 -Business District is 32 feet, and building height is defined as the distance from the average grade level to the highest point of a building. The proposed building would have a height of 46.1 feet so a variance for the additional 14.1 feet is needed. A cupola is proposed for the top of the existing Inn. This will increase the existing building height by 6.75 feet from 57.8 feet inches to 64.6 feet. Noise — The applicant is requesting a variance to the noise standard of zoning code section 212- 120 B(3), which states that the sound at a boundary of the property changes at 11:00 p.m. from a permitted limit prior to 11:00 p.m. of 90 dBa to a limit after 11:00 p.m. of 55 dBa. The applicant would like to extend the 90 dBa limit to 1:30 a.m. Mr. Mazzocone read a statement. He said there is nothing new to share regarding the evolution of the design; that presentation has been delivered. However, he did want to address some of the concerns from neighbors and residents over his proposal, some of which he felt were inaccurate. Reading from a legal opinion written in 1925 about the "safety valve" aspect of New York State Boards of Appeal, Mr. Mazzocone stated that the property of citizens cannot and ought not be placed within a straight jacket and that what might be considered reasonable zoning today may not be reasonable tomorrow. After hearing concerns from residents, Mr. Mazzocone said he has decided to withdraw the application for the noise variance. He still intends to carry out a sound study to better understand noise impact, if any, the Inn may have on the neighborhood. At this time, Mr. Demarest reviewed the Inn's footprint. Responding to a previously stated concern from a resident about the potential for a vehicle to hit the Stables building on Gorge Road, the applicant played a video to show how straight the road is. Mr. Mazzocone stressed the building will be roughly 1.5 feet from the highway right-of-way, not from the actual roadway. Visuals were offered to give a better idea of setbacks and the cupola, which Mr. Mazzocone said will be made of copper and will patina over time. Mr. Demarest said they are still exploring building materials for the Stables structure. Board of Zoning Appeals 3 July 19, 2017 At this time, members of the audience made their comments. Mr. Ellis, of Bradley Street, said the zoning ordinance was produced over the course of many meetings and workshops and reflects what community members want in their Town. If a property owner faces a hardship over the zoning law, the BZA is set up to address the concern. The Inn project has no hardships, but instead wants a particular building in a format that is contrary to zoning law. The Stables is a rambling building that rambles too far. Ms. Springer, of Swamp College Road, said that change is okay. People come for an experience; the Inn has a lot of history. It is a family -like place, and it is important to remember that. Mr. Clark, of Taughannock Boulevard, said Route 89 is a 45 -mph zone, but drivers typically go 55 mph. Many drivers do not pay attention to the speed zone. With the presence of the crosswalk at the Park, and possibly another crosswalk at the Inn, the speed limit should be reduced to 20 mph. Local police need to improve enforcement of safety for visitors and neighbors. Ms. Abrams, of Taughannock Boulevard, said she is worried about the potential for increased vehicle and pedestrian traffic in the area. With New York State statistics on accidents in the vicinity, she said there have been 69 accidents in Route 89's 40 mph zone in the past 10 years. Twenty-four of those have been at the intersection of Gorge Road. Turning onto 89 from Gorge Road is a difficult corner, and the Inn will only increase traffic. Comparatively, there were 15 accidents at the Park Road/Route 89 intersection. She favored commissioning a traffic study. A woman who identified herself as Deborah and as a local property owner spoke in support of the Inn project. She said she has spoken to many guests and locals who are all in favor of the project. She cited the employment and economic benefits the Inn could offer. Mr. Travis, formerly of Taughannock Boulevard and an investor with the Inn project, said if the Inn held weddings with 125 guests each, that would be about a 1.2 percent increase in vehicle traffic to the area when compared to the estimated 800,000 annual Park guests. In that context, it is not significant. He said for every $100,000 spent at the Inn, the multiplier effect would be $32,000 into the community. This event center would create 25 new jobs with salaries anywhere from $30,000 to $100,000; it already employs around 50 people, some of them part time. Mr. Mazzocone chose to come back to the area, and given his high quality of work, we should be welcoming him back. Ms. Higareda, of Bradley Street, spoke against the variance requests for height and signage, which she found to be excessive. Mr. Clark said he worked in safety and loss prevention, and he has no problem with increased traffic. However, what he would like to see is better enforcement of current traffic laws and a lower speed limit around the crosswalk to Taughannock Park. He has spoken with several local law enforcement agencies and received no response. Ms. Yates, of Willow Creek Road, said it seems the Inn expansion can be built within the parameters of current zoning. It is going to have a big impact on the area. Board of Zoning Appeals 4 July 19, 2017 Ms. Diaz said visitors to the Inn have pulled into her driveway numerous times, unable to find the Inn entrance. People do not know where to find the Inn because there are not enough signs. Asked if the applicant intended to submit additional materials, like a traffic study, Mr. Demarest said they felt a traffic study was more of a Planning Board issue and does not relate to variances. The applicant's engineer has begun exploring traffic impacts. Traffic impact is negligible, Mr. Demarest said. The project is not that big. As an architect, he finds the variance process discouraging and difficult in light of the plans that have been presented. To request that the building be made smaller, and that there is more than enough room within zoning to accommodate the Stables, is service opinion. The current proposal is an effort to create a desirable space for people to sit and enjoy the lake, maybe hike in the Park. Mr. Mazzocone touched on the origins of zoning, and said there is no way a few lines of zoning law can cover every possibility. Mr. Demarest said he has not heard any reasons why a building closer to the road is out of character. The neighbor who would be most impacted by the setback variance is Mr. Mazzocone. The cupola at the Inn also has no impact on the surrounding neighbors, since a hillside and trees are its backdrop. Mr. Demarest read a brief letter from the applicant's engineer, who states that wedding events at the Inn will have a negligible impact on traffic conditions at Route 89 and Gorge Road. The public comment portion concluded at 7:35 p.m. Mr. Tselekis suggested the BZA spend the duration of the meeting discussing the requested variances and use time between meetings to draft resolution language. Ms. Kiley said she was in touch with the State Department of Transportation regarding the Inn's existing sign at Gorge Road and Route 89. She asked Mr. Mazzocone if he plans to purchase that land, since the DOT would not approve a sign in that location. Should the Board be considering this now or wait until Mr. Mazzocone has ownership of the land in question? Mr. Mazzocone did not have an answer at this time. He said they have spent a lot of time, energy and money demonstrating why they are making these variance requests. He expressed his desire to make the Inn a place where dreams happen. They have had 175 unsolicited requests for weddings at the Inn and could accommodate none of them. Perhaps some residents do not like the proposed design, but Mr. Mazzocone said he has the best interest of the Inn at heart. He noted two nearby businesses that have multiple signs, and the Inn only has one. He also recognized the speed concerns on Route 89, calling it a problem, and said he and his legal team would work to lower the speed limit and/or improve enforcement. It is difficult hosting out-of-town guests who do not know exactly where the Inn is located; more signs are needed. Mr. Tselekis suggested BZA members review each variance separately, signage first, then setbacks and height. Board members reached a consensus to proceed with the review, beginning with the variance requests for six signs. Mr. Mazzocone detailed sign 1, an arched, metal sign near the State Park trailhead that reads "Inn at Taughannock". Fred Bonn of the Parks is aware of the requested signage and has approved it, Mr. Mazzocone said. Ms. Kiley clarified, in regard to sign 1, that it has three areas Board of Zoning Appeals 5 July 19, 2017 that are out of compliance with zoning: its height, square -foot area and it is the third directional sign on the property; only two are allowed. Ms. Thompson said she favors the sign, but it could be the second directional sign and not the third. Asked by Mr. Hillman why Mr. Mazzocone wanted the sign variance, Mr. Demarest said the goal is to promote foot traffic from the Park to the Inn. Mr. Mazzocone added that he wants the Park's 800,000 annual visitors to know about the Inn; it will increase his business. In regard to sign 2 — displaying "Taughannock" along a wall in front of the Inn on Route 89 — Mr. Mazzocone would like to do a concave retaining wall and then backfill it, making it a seating area for guests. The 64 -foot -by -2 -foot sign would be backlit. There are two variances for this sign: its square -foot area and it is an extra freestanding sign. For sign 3, an existing sign on the corner of Gorge Road and Route 89, the variance request is for 104 square feet of sign area. Asked about his interactions with the DOT about the sign, Mr. Mazzocone said DOT is fine with the sign but has concerns with liability and the possibility of vehicles hitting the new stone sign. However, he said a ravine off the roadway would prevent vehicles from even reaching the sign. As for sign 5, a new arched sign over the proposed driveway, it exceeds height limits by six feet and sign square -foot area by almost 30 feet. The driveway would accommodate guests and delivery trucks. The sign will be hinged and moveable to accommodate any large delivery vehicles, Mr. Mazzocone said. On sign 4, which replaces an existing sign, it exceeds height limits by 2 feet and sign area by nearly 14 feet. Lastly, sign 6 is a replacement for an existing sign and exceeds the height limit by 2.2 feet and sign area by 17 feet. The BZA then moved on to setback variances for the Stables building. Mr. Demarest said the variance request, which would allow for encroachment into the Gorge Road setback, would preserve the character of the Inn and create nicer spaces and sight lines. Mr. Mazzocone said a 40 -foot setback would be a waste of space. The request for an encroachment of 28 feet gives the Inn breathing room and, because of its placement, will be sited behind a row of trees, creating a visual buffer between the Stables and the Park. Ms. Thompson asked about stormwater. He gave a brief overview of the initial project, which was tapered down to its current form due to stormwater issues. He plans to have 10 underground tanks installed to capture stormwater. They would hold an estimated 865 cubic feet of water and percolate into the soil. She also asked if additional proposed bedrooms at the Stables could be built across Gorge Road. He said he would like to build the Stable suites because there is nothing like it in the area, and he needs additional rooms to stay financially viable. They will have bedrooms, a wet bar and a living space, and current offices will likely be renovated into bridal suites. Mr. Demarest said current zoning allows for 70 percent coverage area. Once completed, the Inn will have 30 percent total coverage. Board of Zoning Appeals 6 July 19, 2017 Mr. Hillman noted the 1.4 feet proposed distance from the Stables to the right of way and asked about the potential impact on the building if, say, a water line were being serviced. Mr. Demarest said the proposal is spacious compared to city environments, where structures are built on property lines. The building is set back enough to accommodate the building footer, he said, meaning any excavation for utilities or a trench would not threaten the building's integrity. Building height was discussed, as was a viewshed analysis. Mr. Morreale thought the Stables visually obstruct views to the lake for those heading east on Gorge Road toward Route 89. Had they considered that? A discussion ensued about existing trees and how significant the Stables would obstruct views. Mr. Demarest recognized the Stables would be visible for those eastbound on Gorge Road but noted the Inn is in a Business District. Ultimately, they did not think a viewshed analysis was necessary. The Stables would lose 2 suites, possibly more, if the building were made smaller to fit into the existing setback requirement. Mr. Mazzocone said the 28 feet of additional space requested through the setback variance is crucial to the project because it will give the Inn space, preserve character and aesthetics. Showing renderings, Mr. Demarest said the Stables would encroach on the Inn and proposed reflecting pools if it were constructed within setback requirements. Mr. Hillman suggested the encroachment would force pedestrians off the north side of Gorge Road, but Mr. Mazzocone stressed that the proposal is to build up to 1.4 feet from edge of the right-of-way, not the literal roadway. There is still 20 feet of grass between the building and grass. Also, he said his land is open to all people, customers and non -customers alike. Since purchasing the property, he oversaw the completion of a trail on Gorge Road that leads down to the Park; it is for everyone to use. Mr. Morreale stressed that right-of-ways should not be considered "wasted space" or "open space", because it is partly the Town's. Ms. Thompson asked a question on behalf of BZA member Bob Howarth, who was excused: Has the applicant considered removing the reflecting pools from the plan, or, alternatively, relocating them in front of the Stables? Mr. Demarest pointed to the retaining wall and steep slope in front of the Inn as reasons why relocating the ponds there would not be feasible. Mr. Mazzocone said the ponds are designed to bring symmetry to the space. Ms. Austin, the applicant's lawyer, said the rental value of the space would diminish significantly without the ponds. Mr. Mazzocone said the project would have to be reconsidered if the pools were removed and the Stables moved closer to the Inn. Mr. Morreale asked Mr. Mazzocone if he was aware of the zoning parameters when he purchased the Inn property. Did he plan to get variances when he purchased the property? Yes, he was aware, he said, and initially had a Los Angeles architect draft a design that ultimately was too large. He reached out to Ms. Kiley to inquire about this larger, initial project and its feasibility within zoning parameters. However, stormwater mitigation made the project too cumbersome and expensive, so it was scaled down. What Mr. Demarest has designed is beautiful. Mr. Mazzocone said it has been a little shocking to have people oppose the project. Mr. Demarest added that any development requires a height variance. Mr. Mazzocone did not know about the sign variances and the environmental standard for noise. Board of Zoning Appeals 7 July 19, 2017 The BZA then moved on to the maximum building height variance, which is 32 feet in the Business District. The applicant has proposed a 46 -foot tall Stables building, and a 64.6 foot tall Inn. Asked to explain why he was requesting the height variances, Mr. Mazzocone said he wants to connect the old with the new and add a copper cupola, which serves the purpose of creating a whimsical place. Mr. Demarest said the building height would 33.8 feet without the cupola. Ms. Kiley said the connecting breezeway between the two Inn structures classifies it as one structure, but that is for the BZA to interpret; Mr. Demarest said, from a building standpoint, it is two buildings. Mr. Morreale asked for clarity on the requested variances and building heights. A discussion ensued and further clarification was offered regarding total building height — including the cupolas — for both the Inn and Stables buildings. The proposed total height for the Inn is 64.6 feet, while the proposed Stables comes in at 46.1 feet. Mr. Demarest provided other calculations on height, depending on how the BZA considered the Inn and Stables, either as a single building or two separate buildings. Ultimately, while Mr. Demarest favored the proposal as two separate buildings, the BZA deferred to Ms. Kiley's thought that the Inn and Stables is one building. Other factors were also considered, like sight lines and building height in relation to grade and the ridgeline. Mr. Tselekis felt decorative building elements that extend above zoning parameters do not have a significant negative impact on the area. Another discussion ensued among Mr. Demarest and the BZA on the Inn proposal as two buildings as opposed to one. At around 9:40, BZA members shared their thoughts on the proposal. Mr. Hillman returned to the topic of signs, and noted he uses GPS in his work travels. Mr. Morreale, too, mentioned how commonplace GPS is for travel; things are changing. Mr. Mazzocone said the Inn has an older clientele among its guests; plus, he was recently ticketed for holding his cellphone while driving. Process was discussed. Responding to a question from Ms. Austin, Mr. Tselekis felt the BZA is not in need of additional information, but, considering the number of variance requests, the BZA will need time to review each one, construct motions, and consider SEQR. If BZA members have a request for additional information, can we request it from the applicant? Mr. Morreale asked. Ms. Kiley said the record should be complete; if it is not, the BZA will need to keep the public hearing open. The BZA needs to make a decision whether or not to close the public hearing at this point. If it remains open, the BZA can receive more data and information to help with the decision-making process. As long as the public hearing remains open, the 62 -day time limit does not begin, she said; only after the hearing closes does the BZA have 62 days to make decisions. Mr. Morreale suggested keeping the hearing open as he reviews proposal information. Ms. Kiley said resolutions can be drawn up in the meantime and legal counsel sought. Is there a chance a decision could be made within the next 30 days? Mr. Mazzocone asked. Mr. Tselekis said he hoped so. Ms. Thompson and Mr. Morreale felt the BZA should aim to have resolutions to vote on by its next meeting. Board of Zoning Appeals 8 July 19, 2017 Mr. Morreale MADE a MOTION to adjourn the public hearing, and Mr. Hillman SECONDED the MOTION. The vote was unanimously carried. The public hearing will be continued at the August 16 meeting. Mr. Mazzocone and his affiliates left the meeting around 9:45 p.m. Ms. Kiley said all submitted letters would be added to the minutes and official record. Mr. Means MADE the MOTION to accept the June 21, 2017 meeting minutes, and Mr. Morreale SECONDED the MOTION. The vote was unanimously carried. Ms. Kiley raised Mr. Howarth's suggestion that the BZA meet with Town Counsel to assist with resolutions. Ms. Thompson felt a separate work session would be helpful. Ms. Kiley said she would draft resolutions in preparation for the BZA's next meeting. A discussion ensued on the logistics of how those draft resolutions would be drawn up. BZA members also discussed the side yard setback request. Mr. Morreale MADE the MOTION to adjourn the meeting, and Mr. Tselekis SECONDED the MOTION. The motion was unanimously carried. Meeting adjourned at 10:01 p.m. Respectfully submitted by Louis A. DiPietro II on August 11, 2017.