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HomeMy WebLinkAbout1993-06-29 - BZA '13 TOWN OF ULYSSES ZONING BOARD OF APPEALS JUNE 29 , 1993 TOWN HALL PRESENT ; Chairwoman : Gail Zabawsky ; Zoning Board Members : George Tselekis , Carl Mann , James Hickey Jr . ; Secretary : Roxanne Smith ALSO PRESENT : James Kerrigan , Marilyn Tsapis , Peter McChesney , Laura Holmberg Chairwoman Gail Zabawsky called the meeting to order at 7 : 30 PM . She then stated that the purpose of the gathering was to hear the request for a variance from Adam Tsapis for property at 1113 Taughannocl; Blvd . , Ithaca , NY . The hearing was originally heard on June 7 , 1993 . They requested a variance to convert an accessory building into living space . It was denied under Article V , Section I of the Ulysses Zoning Ordinance in that no building o r structure shall be erected on a lot purchased on or before August 17 , 1977 with a frontage less than 150 feet . At this point the chairwoman directed the secretary to read the minutes of the June 7 , 1993 meeting . Upon completion of the reading the chairwoman then read a letter that the Board had re - ceived on June 19 , 1993 concerning the Tsapis application for a ✓ ariance . This letter was from Laura Holmberg , Peter McChesney , • Roger Buell and Mary Ellen Buell who wished to clarify their o bjections to the granting of the variance . ( See file . ) The chairwoman queried the audience for comments . Jim K errigan , attorney in Ithaca , NY then spoke . He stated that he is representing Adam and Marilyn Tsapis . He then presented the Board with a copy of the approved septic and sewage treatment permit . ( It was the original copy . ) He then made the following comments . He has been familiar with the property since the mid 70 ' s and is unaware of any fire occurring . This is a 2 unit lot and had been told at one point that the back shed had been used as a residence as was the main house . The shed was re - built and has not been used as a residence for perhaps 40 or 50 years . No changes have been made to the building in 30 years . Adam had indicated to Mr . Kerrigan that he would be willing to alter the building to move the encroachment if it were necessary . Various issues like property lines and encroachments are resolved in a d ifferent format and may not be necessary . He suggested that there is no true variation since the building was already in e xistence . The effect of the variance on the increase of population and density he felt is circumstandard , nominal . H e stated that the Tsapis ' s would have no objection if the Board would like to see the building in question ; that it is in a 4udr�„czn# ar �� eta Cw ( FIy . it,a, prawn } IJl �1Cotos 3U5 ba(Qly 62t a / ZONING BOARD OF APPEALS 2 JUNE 29 , 1993 Town Hall Mrs . Holmberg ' s roof . The structure itself is probably something in the order of 30 feet in elevation of the principle living area o f the Holmberg ' s residence . It is probably 60-70 feet in d istance , 15- 20 feet from the porch . ( He had not actually measured , however . ) The one unit bedroom does not mean 4 more cars or 4 more people . It would not be legal to do that . The reason for the size of the septic system is that eventually the house ' s system will fail and that is in anticipation of that . It has not been his experience that the addition of a one bedroom unit will depreciate the property ; nor will it change the character of the neighborhood . The taxes of ' this property are n ow $ 7500 . 00 a year . Mrs . Tsapis ' s take home income is $ 250 . 00 a week . Mrs . Tsapis is a widow . She has a rental over by Greek Peak that generates enough to pay the taxes . She has lived on t he lake for 30 or 30 years and can no longer afford to be there . There has been no mortgage on the property since about 15 years ago . Hardships imposed by the zoning could create 3 possibilities . The first would be that Mrs . Tsapis would have to sell her home . The second would be that she could pick up additional income from this addition . The third alternative if she wishes to keep this home for her family ( which is her intention ) is to rent the house . Mr . Kerrigan made the additional comments that the Health Department has approved the septic system and that Adam has submitted a plan to remove the encroachment if necessary . He then stated that it is legal to place a building directly on a property line as long as there is 5 feet between any additional building . If it required building a new building he would have advised the Tsapiss against it . Chairwoman Gail Zabawsky thanked Mr . Kerrigan for his comments and asked if anyone else would like to speak . At that point Laura Holmberg introduced herself and stated that she wanted to correct a couple of things . She stated that she has been there since 1954 . To her recollection the shed was never used as a residence . She also stated that there was a fire and t hat the carport end of the structure was lost . They had been raking the leaves in the fall and Stan Tsapis had left a pile in the driveway burning . The Trumansburg firemen responded ' but d ecided not to come down into the driveway as they recently had purchased a new truck . When the building had been re- built she brought it to Mr . Tsapis ' s attention that it was over her property line and his comment was " I told them not to do that " . S he then stated that everyone is affected by the assessments . S he noted that none of the properties recently sold on the lake has sold below assessed value according to the assessment office . S he stated that individual financial conditions should not be reason enough to grant a variance . She also said that when the leaves aca. of{' *ha, 4-cQ.e5 -their Incised heir harv,tr is vi5ibIQ from fh2 gs • ZONING BOARD OF APPEALS 3 JUNE 29 , 1993 • TOWN HALL building in question . The basic house is 50 feet from the Tsapis ' s home , 40 feet from the porch . Pete McChesney then stated that it was his understanding t hat the building would be a 2 bedroom structure . Mrs . Tsapis ' s home is listed as having 6 bedrooms . At this point Zoning Board Member Jim Hickey stated that he would like to correct the minutes . He stated that he had intended to say that the encroachment issue is not really before us . That would be an issue for court , not the Board . Another point he wanted to clarify is that hardship is not a factor , it d oes not have to be established ( as it is in a use variance ) . Jim then asked a question of the audience . If there were to be an approval conditioned upon there being only one unit with a ' certain number of people would that satisfy you ? Mrs . Tsapis responded yes . Mr . McChesney responded that he and Mickie ( Mrs . Tsapis ) have been good friends for years . However , he is concerned with the noise and traffic ( on the driveway and on the dock ) of possible renters . The tranquillity of the neighborhood is his concern along with the quality of life and value of his property . Mrs . Holmberg and Mr . McChesney are year round residents . He stated that if they could work it out that Mickie had one tenant and as many family members as she could pack in it w ould be no problem . It is his understanding that that can not be accomplished . Mrs . Tsapis stated that she would like to preserve her t ranquility too . In an effort to raise more income she would be forced to rent another room in her house . Ideally she would like to have her son and family living there . Currently she rents a room to a person who works at Cornell . For over 15 years she has given free room and board as she was in a better financial position . The room has a 2 burner hid , a dorm heath and a bed . Everyone shares the bathroom . The outside separate entrance was included when the addition was built in 1963 . The entrance was for the children ' s play yard which at one time was enclosed . Carl noted that on the sewer application there were 6 bedrooms listed . Mrs . Tsapis noted that one of the downstairs rooms does not have its own entrance , but she has used it as a bedroom . Attorney Jim Kerrigan noted that the building code limits occupancy in the upstairs rooms . The downstairs " den " is n ot legal for a bedroom . Jim asked if she had plans to rent any o f the other rooms . She stated only if she does not get the ✓ ariance . Jain nsvci Mr. mghesne ha. woufc, be. happy th_irfh .5-16 us it II ZONING BOARD OF APPEALS 4 JUNE 29 , 1993 TOWN HALL quo ; as many family members as desired , but only one tenant . He indicated he would be happy with that . The chairwoman called for a motion if there was to be no more discussion . She stated that it is a truly difficult case for the Board Members as well as the audience . George. stated t hat there will be some change in the neighborhood and some possible detriment to the property . Jim said that could be limited . George asked if the windows could be limited in size and number . Carl said that the fire code would have to be followed and that limitation would not be possible . At this point Mr . McChesney stated that if the Board could guarantee that two tenants ( not families ) and only one car would be allowed into perpetuity he would support that but he has serious reservations ; • t hat that could happen . Mrs . Tsapis stated that if she 'had an o pportunity to rent the building to a couple she would prefer r ' that as they would probably take better care of it . She wanted to follow up on the term " neighborhood " as she feels that lake property is unique . People live side by side , yet people do net sen ac often . She stated that large gees and bushes separate t he properties . Jim Kerrigan stated that quite possibly only 2 people would be allowed under the state building code . The chairwoman again inquired whether anyone wanted to make 3 - a motion . Mrs _ Tsapie stated that she wanted to clarify the statement - that the building in question had never been occupied . A n eighbor brought it to her attention that when the heybees oohed t he property it had been rented . George inquired about Alex Rachun ' s comment at the last hearing about a fire wall being required . The privacy problem could then be resolved . dim stated that he thought it would have to be done anyway . At this point in the hearing dim Hickey stated that he was prepared to make a motion . As a preface this matter is the most difficult the Zoning Board has come across . He stated that he $ respected counsel and the audience very much . He did most to note t hat there has been some discrepancy in the offerings to the P Board as to what has or has not happened , he attributed those to favorable interpretations , not to anyone intending to mislead any member of the Board . We then continued to may that the neighbors concerns were valid about the . density , traffic and noise . At the 5anni1e tern-. hit rrsptc-s iyrs -156y05 Jt Ir . -it ru ;yL hit prubrrrii 4 • ZONING BOARD OF APPEALS 5 JUNE 29 , 1993 TOWN HALL without causing detriment to her neighbors . Having stated that he would like to move as follows : WHEREAS : The proposed use is somewhat substantial in terms of the variation in relation to the terms 'of the requirement , not really in terms of the Zoning Ordinance ' s value which is the space of the lot . Given that this is a lake lot we tend to be rather liberal in our application of our size variances ; WHEREAS : There is not likely to be much of an impact on governmental facilities ; especially in light of the Health Department ' s approval of the septic ; WHEREAS : It is clearly desirous not to have a substantial change in the character of the neighborhood and clearly desired not to cause a detriment to the adjoining properties ; WHEREAS ; The alternative ways of solving this problem can be infeasible in terms of causing an inconvenience ' 1 He proposed as follows : That the variance be granted but limited to occupancy by 2 people only with 1 vehicle . In so doing it is his hope and passion to create a situation that will not produce a substantial change in the character of the neighborhood or a substantial d etriment to those concerns validly put forth by the neighbors , It will still solve the problem that Mrs . Tsapis put forth to t his Board . The interest of justice can be served by ' these limitations . Chairwoman Gail Zabawski made the friendly amendment that t his proposal specifically be for the out building not the primary residence . Is it possible to limit the number of vehicles queried George? Jim stated that Mr , Tselekis commented that if you can limit the number of vehicles , you can reduce the number • of z. 1 vehicles there now .. He feels that that is not true as they are making a condition on a variance which means an alteration oni the status quo . George inquired whether a condition could me made limiting parking to the boulevard . The chairwoman inquired as to whether they had a second to ' 1' rnofien ? .c That d ain " ir \nave_ oco r +0 r o)-, on ct o i-h cr. qY ZONIN6 GOARD OF APPEALS . . TOWN OF ULYSSES 6 JUNE 29 , 1993 TOWN HALL have a different motion ? Jim Hickey queried whether the Board wanted to adjourn again . At this point Mr . McChesney spoke up from the audience stating that whatever way the vote went he respectfully requested that a decision be made at this hearing as it has been extremely difficult on all parties involved . At this point in the hearing Carl Mann seconded the motion . He did have some comments stating that he felt Jim ' s conditions were too limiting . There are 2 people in his home yet he owns 6 cars . He does not think you can restrict a couple to one car in this day and age where you have dual workers . Mrs . Tsapis stated that one tenant would probably not bring in enough for $ 450 . 00 per month . Zoning enforcement does not allow for follow up to see if indeed the requirements were being adhered to over the long term . The chairwoman stated her agreement with Carl . The chairwoman called for a vote as follows : Mr . Hickey - aye Mr . Tselekis - nay Mr . Mann - nay • Mrs . Zabawsky - nay The variance has not been approved . The voting down of an acceptance of the variance is a denial stated Carl . Carl moved that the application for the variance be denied . George seconded the motion . The chairwoman called for a vote as follows : Mr . Hickey - nay Mr . Tselekis - aye Mr . Mann - aye Mrs . Zabawsky - aye The application for the variance has been denied . Carl Mann made the motion for adjournment . George seconded the motion . All were in favor , the motion was passed unanimously . The meeting adjourned at 8 : 35 PM .