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Penfield board tables coastal consistency recommendation for 47 Leedale Drive after size, SHPO and procedural questions
Summary
The planning board tabled a coastal consistency review for a variance request at 47 Leedale Drive after staff noted the proposed accessory structure (1,953 sq ft) is larger than the primary habitable area (1,476 sq ft) and several items, including SHPO input, remained outstanding. The Zoning Board of Appeals will hold a public hearing June 18.
The Penfield Planning Board on May 28 tabled action on a waterfront consistency review for 47 Leedale Drive to allow staff and members more time to assess the application and await outstanding agency input.
Staff explained that because the applicant seeks a variance for an accessory structure that would exceed the size allowed by code and be larger than the residence’s habitable floor area, the application triggers a waterfront assessment form (WAF) and a required consistency recommendation under the town’s Local Waterfront Revitalization Program (LWRP). Under the referral process, the planning board must forward a written recommendation to the Zoning Board of Appeals, which holds the designated authority to grant variances.
Planning staff noted the principal habitable floor area is 1,476 square feet and the proposed accessory structure is 1,953 square feet, which has led the board to treat the structure as potentially dominating the primary building and therefore subject to more stringent review. Staff also said the applicant will pursue an EPOD permit and submit on-site stormwater controls; SHPO (State Historic Preservation Office) review is pending because much of the bayfront is archaeologically sensitive.
Doug, planning staff, summarized the decision process for members and the timing requirements for written recommendations to the referring agency: "The planning board's recommendation shall render a written recommendation to the other agency within 30 days following the referral," he said, describing the procedure the Zoning Board of Appeals will use alongside the planning board’s advisory consistency determination.
Given the outstanding items (SHPO input, EPOD and other checklist items) and the atypical procedural posture for this variance, a motion to table the consistency recommendation until the board’s next meeting carried on a roll-call vote. Board members Kanakowin, Aiken, Daly, McCooy and Tiding recorded aye votes. The Zoning Board of Appeals scheduled a public hearing on the variance for June 18; the planning board will prepare a consistency memo if members determine the action meets LWRP criteria before that date.
