Zoning Board of Appeals Meeting Tuesday, November 15, 2016 Willsboro Town Hall

Transcription

1 Town of Willsboro LOCAL GOVERNMENT OFFICES Zoning Board of Appeals Meeting Tuesday, November 15, 2016 Willsboro Town Hall Attendance: demello, Sowizdrzal, Paye Absent: Bruno, Morgan Public: Mark and Tracie McGill, Doug Rock, Town Code Enforcement Officer Call to Order: The meeting was called to order at 7:05 by demello Minutes: Paye requested an addition to reflect her inquiry on the distance between the side of the house and the proposed wall. demello requested that the motion to approve the June minutes (motion carried at October meeting) mention that the three Board members that attended the June meeting were in attendance at the October meeting. Paye made a motion to accept the October minutes with these changes. Sowizdrzal seconded. All in favor. Motion carried unanimously. Public Hearing: Mark & Tracie McGill 51 Corlear Drive RL1 - ledgestone retaining wall demello opened the Public Hearing at 7:17 PM. No one appeared from the public. The Board reviewed the square footage of the lot and determined that the square footage of the proposed retaining wall has maximized the 15% allowed by the APA. See the attached Findings of Fact.* demello closed the Public Hearing at 8:00. The Board reviewed the ZBA Area Variance Criteria Notes* and discussed the five points. See attached determinations. demello requested that the addendum to the application* be added to the record as it specifically describes the project in detail. demello made a motion to grant a variance for relief of Sections 6.12 and 6.14 to allow a retaining wall to be built within 7 feet of the MHW (99.8 ). The proposed wall as described by the engineer in the McGill addendum to the variance application would start at 102 feet in elevation and rise to about 108 feet. The gentle slope below 102 feet will consist of rip rap matching existing rock and stone. The wall will be 50 in length (the width of the property). Paye seconded. All in favor. Motion carried unanimously. 5 FARRELL ROAD, WILLSBORO, NY PHONE: (518) WEBSITE:

2 Town of Willsboro LOCAL GOVERNMENT OFFICES Old Business: No old business New Business: demello added a discussion to the agenda about ZBA members visiting proposed sites. The Board members present discussed a proposal to the Town Board to make visiting sites mandatory by the ZBA members. Paye and Sowizdrzal supported the idea of this proposal. demello announced that her term expires December 2016 and inquired as to the procedure for reinstatement. Doug instructed demello to see the Town Clerk. There was a discussion about training. There is a training in Clinton County on November 29, Adjournment: demello motioned to adjourn the meeting at 8:55. Paye seconded. All in favor. Motion carried unanimously. *All attachments available at the Town Hall a) Findings of Fact McGill b) ZBA Area Variance Findings c) Addendum to McGill application Respectfully Submitted, Laura Carson 5 FARRELL ROAD, WILLSBORO, NY PHONE: (518) WEBSITE:

3 FINDINGS OF FACT Variance Application 2657 McGill Revised Property location: 51 Corlear Drive, Willsboro Zoning District: RL-1 Project description: Construct retaining wall using Redi-Rock Ledgestone above the mean high water mark to prevent shore erosion: 7.5 x 50 = 375 sq. ft. face visible (Note of from Robyn Burgess (APA) to Rob Bruno calculates wall height of 8.5 equaling 425 sq. ft.)--impacts SHORELINE SETBACK, Sec. 6.12, 6.14, p. 47 (Specifically, APA act setback of 50 in Moderate Intensity Use District.) ZONING REQUIREMENTS: Minimum lot size: 40,000 sq. ft. (original lot size 0.20 acres = 9,750 sq. ft.) Shoreline setback: 50 Request relief from this as structure would be within 1-2 of MHW Rear yard setback: 50 (not at issue) Side Yard setback: 10 (for 50 lake frontage) Maximum Lot Coverage: maximum lot coverage Maximum bldg. height: 35 (not an issue) According to the property record, the buildings and improvements total 1440 sq. ft, under the 1463 sq. ft. (15%) allowance. Adding a plan view of the wall adds another +/- 75 square feet, which maximizes the 15% allowance. APA generally requires a variance for a retaining wall which exceeds 100 sq. ft. They will exempt certain retaining walls as follows: A retaining wall which is constructed of dry laid stone or untreated natural logs, and is smaller than 200 square feet in size, and does not exceed two feet in height above the mean high water mark, shall not be subject to the applicable shoreline setback requirements and variance procedures, provided that it: (1) is designed to control an on-going erosion problem, (2) is limited to the area necessary to control such erosion, and (3) follows the existing natural elevation and contour of the shoreline. The requested retaining wall is larger than the exemption requires; however, conditions 1-3 above are being followed.

4 ZBA Area Variance Criteria Notes Name: McGill, Mark & Tracie Tax Map #: Area Variance Application Number: 2657 Date of Vote: Findings: 1. As to whether the benefit sought by the applicant can be achieved by some method feasible for the applicant other than an area variance, I find that: The proposed retaining wall of an engineered stone (Redi-Rock Ledgestone) is an acceptable alternative to rip-rap or log walls above 102 because of the extreme steepness of the shoreline slope. They plan to use rip-rap below the MHW line. It is also in character with other properties in the neighborhood. According to the engineer, this is the best way to stabilize and preserve the property. 2. As to whether an undesirable change will be produced in the character of the neighborhood, or a detriment to nearby properties will be created, I find that: The Redi-Rock Ledgestone has a very natural look and with the proposed additional native plantings will keep the character of the neighborhood. This concurs with the Site Plan Review by the Planning Board. 3. As to whether the requested area variance is substantial, I find that: The requested 275 sq. footage is substantial when considering percentages. When considering what the wall will look like on the shoreline, I feel that the wall will look small in comparison to the total lot and structure above it. I base my decision on some of the neighboring walls. See attached photos at the end of this document. 4. As to whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, I find that: The proposed retaining wall will have the beneficial impact of stopping soils from running into the lake and will stabilize and secure the main structure on the property which is now only about 15 from the edge of the bank. This concurs with the Site Plan Review by the Planning Board. 5. As to whether an alleged difficulty is self-created, I find that: (This consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.) The major erosion probably happened from the historic flooding in April of 2011 which happened before the McGill s acquired the property. The previous owners apparently did not seek to stabilize or fix the problem and the McGill s state that further erosion has happened since then, more from natural runoff than high water. I conclude that this difficulty was NOT self-created.

5 McGill Variance Criteria Page 2 Draft Motion: Motion to grant a variance for relief of Sections 6.12 and 6.14 to allow a retaining wall to be built within 7 feet of the MHW (99.8 ). The proposed wall as described by the engineer in the McGill addendum to the variance application would start at 102 feet in elevation and rise to about 108 feet. The gentle slope below 102 feet will consist of rip rap matching existing rock and stone. The wall will be 50 in length (the width of the property). Possible conditions or limitations: Minimal trees to be removed and native plants to be added to maintain the natural and aesthetic appeal of the shoreline. Carol de Mello ZBA Member Signature Date

6 McGill Variance Criteria Page 3

7 Mark & Tracie McGill 51 Corlear Drive Willsboro, NY RE: McGill Shoreline Stabilization Addendum to Variance Application To Whom IT May Concern: We would like to add additional information to our Area Variance Application: Comments from retained Professional Engineer: The location of the washout (from about 102 elevation to 108 elevation) is very steep. To cut the bank back you would lose what little space you have in your yard, and would further threaten the stability of the house by bringing the top of the bank closer to the structure. Filling the bank to create a more gentle slope is not feasible as it would require filling in Lake Champlain which is not desirable and may not be able to be permitted. A wall in this location would be appropriate because the toe of the wall would start at 102 feet in elevation and there is a gentle beach slope and then rip rap leading up to what would be the toe of the wall. This means that the wall would not be as subject to ice push because it is high and has plenty of beach in front of it. It will also be unlikely to impact longshore drift, so it should not impact other shorelines adjacent to yours. Wave and ice action shouldn t be as strong in the bay than if your property faced the broad lake. The proposed retaining wall should only require the removal of 1 tree that is greater than 6 and within 35 ft of the high water line (refer to Site Plan for additional detail). The estimation for the dimensions of the wall are as follows: 50 ft wide (to property boundaries) 7 ½ ft tall (6 blocks at 18 per block, with the first block buried)* 375 sq ft of visible retaining wall* *Please note that these are estimations. Exact dimensions will be detailed in the final engineering design. Thank you for your consideration. Sincerely, Mark & Tracie McGill