HomeMy WebLinkAbout2001-05-21 - BZA i 7 MINUTES TOWN OF ULYSSES BOARD OF ZONING APPEALS PUBLIC HEARING & MEETING 5 / 21 / 2001 PRESENT: B.Z.A. chairman George Tselekis, B . Z .A. Members Jim Hickey, Carl Mann, and Joel Warren , Code Enforcement Officer Alex Rachun, Town Clerk Marsha Georgia . ALSO PRESENT: Sharon O' Brien , Robert and Ginny Mindel . Chairman Tselekis called the hearing and the meeting to order at 7 : 35 pm . Mr. Tselekis stated that the purpose of the public hearing and the business of tonight's meeting was to hear further statements on the proposed Use Variance for Mr. Carl Walden's property, tax parcel number 34-3-6, located at 1670 Trumansburg Road in the Town of Ulysses. The nature of the project is described in the minutes from the previous meeting of May 14th, 2001 . Mr. Robert Mindel stated that the current meeting had been scheduled in order to allow the Board to visit and view the site and to allow himself and his agent to find some comparable market analyses for the property. Mr. Mindel stated that the Board had assembled at the site, and further stated that Ms. Sharon O' Brien was prepared to present the requested comparable market analysis information . Ms. O'Brien presented comparable market analyses, reflecting strictly residential sites, sites with a house and a commercial-type building , and a site that was nearly identical to the site in question, that is located in Cortland . Ms. O' Brien noted that the expired listing price for this latter property was $ 180,000 . It was noted that the listing price on Mr. Carl Walden' s property is $99, 500. Mr. Hickey moved, seconded by Mr. Tselekis, to accept the documents presented by Ms. O ' Brien into the record of this matter. Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye Mr. Warren aye Adopted. The Board reviewed the comparable market analyses. Mr. Warren noted that the average selling price for comparable properties sold strictly as residential was around $80,000. The Board noted that this figure is comparable to Mr. Walden's asking price of $99, 500 . Mr. Tselekis noted that the properties that sold at approximately $80,000 also tended to be smaller lots than Mr. Walden's is. Ms. O'Brien stated that in her experience with showing the property, potential buyers had been very turned off by the house structure. Responses to the house have generally noted that it lacks charm and adequate storage space, and that it's closeness to NYS Route 96 poses a safety issue for children and makes it all the more unappealing . Mr. Warren concurred that it would be very difficult to sell the property as strictly residential and get a reasonable price for it. Mr. Warren stated that Mr. Walden would be fortunate to get the $75,000 that the property is assessed for, if selling it solely as residential . Town of Ulysses \C‘ Board of Zoning Appeals 5/21/2001 Mr. Warren stated that, in his opinion the house's location on a major NYS Highway and lack of family-conducive qualities poses an economic difficulty for Mr. Walden, in trying to sell the property for a reasonable price. Mr. Mindel asked if a Special Permit would be more appropriate, in order to protect the neighborhood against potential deleterious impacts. The Board discussed this; the general consensus was that,, since special restrictions can be placed with a Use Variance as well as with a special permit, the Use Variance would successfully address the matter. Mr. Hickey asked, and Ms. O'Brien answered, that no bids have been made on Mr. Walden's property, other than the current one from Robert Mindel. Based on this, Mr. Hickey stated that Mr. Walden would, indeed, be fortunate to get any return on the property in a reasonable amount of time, let alone a reasonable return . Mr. Hickey also stated, that in his opinion the use of the area for RFM Communications would not disrupt the character of the neighborhood, and would not generate additional traffic. Mr. Rachun reminded the Board that before a resolution may be passed on the matter, a S. E.Q. R. Environmental Assessment Form must be filled out. Mr. Rachun handed a copy of such a form with Section I filled out to the Board. Mr. Rachun stated that as the designated Town of Ulysses S. IE.Q. R. official, he had determined the proposal to be an unlisted action . The Board completed Part II and Part III of the S.E.Q. R. E.A. F. Acting on Mr. Rachun's official opinion, the Board agreed that the action would not exceed any Type I thresholds. The Board concluded that the action would not receive coordinated review as provided for unlisted actions. In addressing the potential adverse effects listed in Part II, Section C of the S.E.Q. R, E.A. F., the Board determined that the project would not result in adverse effects associated with : existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems; aesthetic, agricultural, archaeological, historic, or other natural or cultural resources, or neighborhood character; vegetation or fauna, fish, shellfish, wildlife species, significant habitats, or threatened or endangered species; growth, subsequent development, or related activities; long term, short term, cumulative, or other effects not identified in Part II Sections C1 -05; or other impacts, including change in use of quantity or type of energy. While the project will result in a change in use of land, the Board agreed that the project would not be adverse to the Town of Ulysses Comprehensive Plan, which favors such low-traffic, low-impact business ventures as RFM Communications. The Board agreed that the project will not have an impact on environmental characteristics that caused the establishment of a C. E.A,, and that there is not likely to be controversy related to potential adverse environmental impacts. So concluding, Mr. Tselekis completed Part III of the E.A. F , as the Chairman of the Ulysses Board of Zoning Appeals, as the representative of that agency. For the record : Mr. Tselekis described the project as a Use Variance application to utilize an existing building for warehousing of telephone equipment and occupy the house at the front of the property for office space. The existing building is to be utilized for telephone warehousing . It was originally built as a commercial building, until zoning change of approximately 15 months ago. Original use of house was office space and residential . Mr. Hickey moved, seconded by Mr. Warren the following : WHEREAS, the land in question cannot yield a reasonable return if used only for a purpose permitted in the district in which it is located and, 2 Town of Ulysses [O Board of Zoning Appeals 5/21 /2001 WHEREAS, the plight of the owner is due to unique circumstances and not to general conditions in the vicinity of the property and, WHEREAS, the variance requested will not alter the essential character of the neighborhood based upon the following findings : 1 . In reviewing the uses from A to Q set fourth in Article IV, Section 1 (Use Regulations- Residential Districts) of the Town of Ulysses Zoning Ordinance none of them appear to be an appropriate use that would yield a reasonable return . Indeed, many of them are uses that are simply out of the question for the property, such as animal hospital, cemetery, rooming house, school, church and so forth . Therefore no reasonable return can be anticipated from any of the allowed uses. 2. The issue of the reasonable return on the residential sale can not be realized because the Zoning Board has found, based upon the Board's examination of the property, that it is much less than ideal for most uses that we consider under the umbrella of residential, and by further reason by fact that there has been no bid on the property for one year. 3. The offer in question is the only one, literally a bird in the hand, and there is no telling when another offer of any reasonable amount will be made in the future . 4. The plight of the owner is due to unique circumstances in that this property was formerly used as a commercial property and only reverted to residential because of some health problems by the owner where he decided to take a job that he might receive benefits . The plight is not due to general conditions in the vicinity of the property in that sense. 5 . There will be no alteration of the essential character of the neighborhood, not only because it was formerly used as a commercial property, but also because the specific use in question does not really add significant volume in terms of traffic, does not generate noise pollution and does not cause any significant disruption in the overall activity of the area or change the environment in the area in any significant way, THEREFORE BE IT RESOLVED that the Town of Ulysses Board of Zoning Appeals grants the use variance with the following conditions: 1 . Parking - maximum of eight (8) spaces on the South side of the buildings, plus two ( 2) on the North side for homeowners. 2. Exterior lighting - nothing except for residential lighting. 3 . Signs - no exterior signs except for the house number. 4. Outside storage - no outside storage of inventory, business equipment or packaging materials. In subsequent discussion, Mr. Mann made suggestions for amending the initial motion . The results of Mr. Mann's suggestions are reflected in the conditions that are included in the resolution, and are located at the end of the resolution above. Mr. Hickey and Mr. Warren agreed that they would, respectively, move and second the motion with the conditions suggested by Mr. Mann and agreed to by the Board in discussion. Mr. Tselekis called the matter to a vote : Mr. Hickey aye Mr. Mann aye Mr. Tselekis aye 3 Town of Ulysses \()kt)Ne Ys Board of Zoning Appeals 5/21/2001 Mr. Warren aye The resolution was adopted as printed above. The Use Variance with conditions was passed. In concluding the evening's business, Mr. Rachun urged the timely and painstaking drafting of the minutes for the meeting . Mrs. Georgia stated that the resolution, at least could be posted in the next couple of days, and that the minutes of proceedings do not need to be approved by the Board in order for resolutions to be in effect and acted on. Although the Board should review typed resolutions to see that they accurately reflect what was said, the clerk can post resolutions in and of themselves, prior to posting minutes. Mrs. Georgia obtained e-mail addressed and fax numbers where she or the Zoning Clerk would be able to reach the Board of Zoning Appeals members so that they can review the resolution when it is typed up. Hearing no further business, Mr. Hickey moved, seconded by Mr. Warren, to adjourn the meeting. . Mr. Hickey aye Mr. Mann aye Mr. Tselekis . aye Mr. Warren aye . . The meeting adjourned at 8 : 55 pm . • . . , 4