Loading...
HomeMy WebLinkAbout2003-09-11 - BZA TOWN OF ULYSSES BOARD OF ZONING APPEALS MEETING & PUBLIC HEARINGS 9/11 /2003 PRESENT : Chairman George Tselekis , Board Members Ken Christianson, Jim Hickey and Joel Warren, Code Enforcement Officer Alex Rachun, and Zoning Typist Karin Lanning. ALSO PRESENT : Rod Kearl, agent of the applicant, Allen Borden, Tim Wachs, and Patricia Wachs, applicants, Judy Kollcman, Chris Owens, Gary Myers, neighbors of the Borden family. Chairman Tselekis called the meeting and the first public hearing to order at 7 : 35 pm, proof of notice having been presented for the public hearing. The first order of business was a duly advertised public hearing for the purpose of hearing comments on an area variance requested by Ken Kearl for the purpose of constructing a residence on property located on Taughannock Boulevard and known as tax parcels 18- 1 - 19 . 8 and 18 - 1 - 19 . 9 , whose dimensions do not allow the inscription of a 200 ' diameter circle of useable area, as called for in the Ulysses Zoning Ordinance . Mr. Tselekis opened the floor to Rod Kearl, the applicant ' s agent and son, to describe the project for which he is requesting a variance . Mr. Kearl explained the two parcels will be combined and will total about 1 . 44 acres, however the two lots are of such a shape that even when combined they only measure about 190 ' from side to side. Mr. Tselekis asked if anyone wished to comment on Mr. Kearl ' s application. No comments were heard . Mr. Tselekis asked Mrs . Lanning if any written comments were received, and she answered in the negative . Mr. Hickey prefaced a motion concerning the Area Variance application from Ken Kearl for the purpose of constructing a new residence on his property, located on Taughannock Boulevard and known as tax parcels 18 - 1 - 19 . 8 and 18 - 1 - 19 . 9 , by noting that the Board has a history of considering the typical irregularity of lakefront properties when considering area variance requests for such properties . So noting, Mr. Hickey moved the following : Whereas, the variation is not substantial in regards to the requirement, and Whereas, there will be no increase in population density and therefore no impact at all on available governmental facilities, and Whereas, there will be no change in the character of the neighborhood and no detriment to adjoining properties, indeed there have not been any objections to Mr. Kearl ' s plan expressed, and Whereas, it appears the difficulty cannot be obviated by an alternative feasible method, and Whereas, in view of the manner in which the difficulty arose and considering the above it would seem that the interests of justice dictate the variance should be granted, Be It Therefore Resolved that an area variance be granted to Ken Kearl for the purpose of constructing a residence on the to-be-combined tax parcels 18 - 1 - 19 . 8 and 18 - 1 - 19 . 9 . Mr. Christianson seconded . Mr. Christianson aye Mr. Hickey aye Mr. Tselekis aye Mr. Warren aye Town of Ulysses Board of Zoning Appeals 9/ 11 /2003 The variance was granted. Chairman Tselekis called the second duly advertised public hearing to order at 7 : 40, proof of notice having been presented. The purpose of the public hearing was to hear comments on an area variance requested by Allen Borden for the purpose of placing a shed on his property located at 4379 Jacksonville Road, also known as tax parcel 25 -6- 30, which property consists of less than one acre. Mr. Tselekis asked Mr. Borden to describe his project. Mr. Borden noted he spoke to Code Enforcement Officer Rachun and Mr. Rachun advised him of the acreage and setback requirements . Mr. Borden stated the shed will be amish-built and delivered to the site, and stated the building will sit parallel to the house and will match the house ' s siding and roof. Chris Owens , Judy Kolkman and Gary Myers looked at the site plan for the project. Gary Myers noted most of the lots in the area are less than one - acre, each measuring 100 ' by 200 ' . Chris Owens stated the project sounds fine to him, and noted he had been concerned the shed was going to be placed in the front yard. Gary Myers stated lots of houses in the area have a garage or shed or carport less than 15 feet from a side property line, and therefore, the project will not at all change the character of the neighborhood . Mr. Tselekis asked if the shed will be attached to the ground. Mr. Borden stated it will not be, it will sit on a base . Hearing no further comments, Mr. Hickey prefaced a motion concerning the Area Variance application from Allen Borden for the purpose of placing a shed on his property, located at 4379 Jacksonville Road and known as tax parcel 25 -6- 30, by noting that three neighbors of Mr. Borden attended the hearing, looked at the plans for the project, and spoke with Mr. Borden, and having done so, expressed satisfaction with the project as planned . So noting, Mr. Hickey moved the following : Whereas, the variation is not functionally substantial in regards to the requirement, and Whereas , there will be no increase in population density and therefore no impact at all on available governmental facilities, and Whereas, there will be no change in the character of the neighborhood and no detriment to adjoining properties, as has been supported by the comments of the neighboring property owners who spoke tonight, and Whereas, the difficulty cannot be obviated by an alternative feasible method, and Whereas, in view of the manner in which the difficulty arose and considering the above it would seem that the interests of justice dictate the variance should be granted, Be It Therefore Resolved that an area variance be granted to Allen Borden for the purpose of placing a shed on his property, tax parcel 25 -6-30 . Mr. Warren seconded. Mr. Christianson aye Mr. Hickey aye Mr. Tselekis aye Mr. Warren aye The variance was granted. I } Town of Ulysses Board of Zoning Appeals 9/ 11 /2003 Chairman Tselekis called the third public hearing to order at 7 : 50, proof of notice having been presented. The purpose of the public hearing was to hear comments on an area variance requested by Timothy Wachs for the purpose of constructing a garage in the front yard of his property located on Houghton Road and known as tax parcel 27-3 -2 . 61 Mr. Tselekis asked Mr. Wachs to describe his project . Mr. Wachs explained he wishes to construct a three-bay garage on this parcel, and noted this parcel is one of a few that he has requested the County to consolidate into one . Mr. Wachs explained he and his wife jointly and separately own several small parcels of land adjoining one another along Houghton Road. Mr. Wachs also stated the garage will replace a decrepit barn that fell down. As far as constructing the garage within the front yard, Mr. Wachs noted that the house is a full 60 feet from the center of the highway. The site selected for the garage will only place it 45 feet from the center of the highway. Mr. Wachs stated the building can not be moved any further back because they have established grapes and a garden right behind the proposed site. Mrs . Patricia Wachs noted they need a large garage because the house on an adjoining property has very little storage . Mr. Wachs explained he wishes to put wood siding and a shingled roof on the garage in order to make it fit into the character of the neighborhood . Mr. Hickey asked how far away the Wachs ' nearest neighbor is . Mr. Wachs estimated the nearest house to be about 600 feet away from theirs , noting the Houghton Road neighborhood has seen a great deal of new construction in recent years . No further comments were heard . Mr. Hickey moved the following in regards to an area variance requested by Timothy Wachs and Patricia Wachs for the purpose of constructing a garage on their property located on Houghton Road and known as tax parcel 27 -3 -2 . 61 : Whereas, the variation is not substantial in regards to the requirement, and Whereas, there will be no increase in population density and therefore no impact at all on available governmental facilities, and Whereas, there will be no change in the character of the neighborhood and no detriment to adjoining properties , Whereas, the difficulty cannot be obviated by any alternative feasible method, and Whereas, in view of the manner in which the difficulty arose and considering the above it would seem that the interests of justice dictate the variance should be granted, Be It Therefore Resolved that an area variance be granted to Timothy Wachs and Patricia Wachs for the purpose of constructing a garage on their property, presently known as tax parcel 27-3 -2 . 61 , and which they have made application to have consolidated with other tax parcels jointly and individually owned by them. Mr. Christianson seconded. Mr. Christianson aye Mr. Hickey aye Mr. Tselekis aye Mr. Warren aye The variance was granted . Mr. Hickey moved to approve the minutes of August 20th , 2003 as presented . Mr. Warren seconded. Mr. Christianson aye Town of Ulysses Board of Zoning Appeals 9/ 11 /2003 Mr. Hickey aye Mr. Tselekis aye Mr. Warren aye Adopted. Hearing no further business, Mr. Hickey moved to adjourn the meeting. Mr. Warren seconded . Mr. Christianson aye Mr. Hickey aye Mr. Tselekis aye Mr. Warren aye The meeting adjourned at 8 : 00 pm . Respectfully Submitted, Karin Lanning ��� Zoning Typist KTL:k1 A TOWN OF ULYSSES PUBLIC HEARING JACKSONVILLE CHURCH MTG. ROOM JACKSONVILLE, NEW YORK SEPTEMBER 11 , 2003 PRESENT : Supervisor Doug Austic ; Councilpeople Lee Scott, Carolyn Duddleston, Sue Poelvoorde, and Robert Weatherby; Town Clerk Marsha L. Georgia. Others Present : Richard Coogan, Ed Gatch, Doug Duddleston, Frank Palmer, Earl Young, Tom Reitz, Nancy Dean, Diane Hillman, Mr. And Mrs . Marshall , Mr. And Mrs . Luce Supervisor Austic opened the Public Hearing at 7 : 00 p . m . Proof of publication was furnished . Supervisor Austic reviewed Local Law # 1 for 2003 — Titled Town of Ulysses Public Water. Mr.'Austic commented this is the general rule as to how the water district will be governed. The Town of Ulysses did not make these rules . These rules came from a combination of Town of Ithaca, Bolton Point and other municipalities in the State of New York the engineers have dealt with . These are fairly standard procedures . Mr. Austic asked for questions and or comments . Mr. Gatch asked how far into the house does Bolton Point inspect the plumbing? Mr. Austic stated they inspect to the other side of the meter and then they will inspect to make sure of no cross connections . They will not go through your entire house and inspect all of the plumbing . Ms . Hillman asked what method would be used to read the meters ; will the customer or someone else do it? Mr. Austic stated there would be a person reading the meters outside of the house. Mr. Reitz asked if there was an agreement in place with Bolton Point? Mr. Austic stated the agreement is with the Town of Ithaca to supply water to the Town of Ulysses and Ithaca has the agreement with Bolton Point. The Town does not have an actual contract as of yet. We are still negotiating price and certain legal terms in the contract, but we do have a certified resolution from the Town of Ithaca to supply us with water up to the amount we need for the next ten years of projected use . Mr. Coogan asked if there is any plan to have the Water Commission a separate Board from the Town Board. Mr. Austic said it is possible but for now the Town Board knows what is expected . A water commission could be formed in the future. Ms . Dean asked for clarification regarding the billing as she understood the residents are to be billed quarterly for the water service. Mr. Austic explained only the water will be billed quarterly. The debt service will be on the Town tax bill yearly at around $300 . Mr. Marshall asked if the yearly fee could change . Mr. Austic stated it could be possible. If more homes were built it would increase the total number of users in the district. If this happens, the district charge would be recalculated . Hearing no further questions on the Local Law, Ms . Poelvoorde moved to close the Public Hearing, seconded by Mrs . Duddleston. Hearing no objection, the hearing closed at 7 : 30 p .m. The Town Board will hold its first Water Commission meeting on Monday Town of Ulysses Public Hearing 09/ 11 /2003 September 15 , 2003 along with a Special Town Board Meeting. At the meeting the Board will adopt the Local Law . Mr. Austic opened the meeting up to other questions. Mr. Austic pointed out he has stakes at the meeting that are to be used to indicate where the property owner would like the curb box placed on their property. This can be set out at any time or you can wait until the main line goes past your property. } The Town will require contractors wishing to work on the installation of property owners ' service from the curb box to the home to register with the Town . When a contractor conies to the Town Clerk ' s Office to register they will have to show proof of insurance . At this time the Town Board is requiring the contractors show proof of at least $2 million liabilities . If the homeowner is going to do the work himself or herself the Town has to check to see if the homeowners insurance will cove any damage that may happen to the main water line when work is being performed . There will be a fee for this registration, which will be determined by the Town Board at the Monday, September 15 , 2003 evening meeting. All the hook-ups will require a Plumbing Permit, either filled out by the homeowner or the plumber. This permit will be approved by Bolton Point and the fee for this may be $ 125 , which will provide up to five inspections . Mr. Reitz asked how close the line could be to a septic line . Mr. Austic believes the answer is in the Specification and Details that will be available after Monday' s meeting . Mr. Austic reviewed different prices of meters for different water line sizes . The Town has placed a notice to bidders to bid on water meters. The meter most homeowners will use will be the 3 /4"'x 5 /8" meter, expected to cost around $ 80/$95 . There are only two suppliers for the meter that the engineers are requesting that be used. It will cost more to buy a larger meter. Another form to be filled out with the Town is a request for a tap only. At the present time no vacant property is being assessed in the district. If a property owner requests their vacant property have a curb-stop they will be charged to be in the district (the yearly district charge around $300) and no charge for the 3/4" tap . Now if a developed property already within the district wants a larger tap they will pay the difference between a 1/4" and the size tap that they request. Mr. Reitz asked how property owners request to be in a district or create a district of their own. He was asking for residents on Hinging Post Road. Mr. Austic explained the process . Mr. Gatch stated he had previously requested to have a larger water line installed at his property. He wants this request to be disregarded. It was asked if there were any outstanding requests for easements . Mr. Austic stated all easements have been received . • Mr. Gatch asked if the main contractor, R. Myers, would be the contractor who will do the re-seeding of properties . Mr. Austic answered he is responsible, but he may sub- contract out to a landscaper. They will make the lawns as close to the original shape as possible. The contractor is very reasonable to accommodate the residents . Mr. Austic has thirty stakes to be given out if anyone is interested. The property owner can put the stake out anytime to indicate where you want your tap . If you want one later Town of Ulysses Public Hearing 09/ 11 /2003 you can pick it up at the job trailer on Colegrove Road or just put any kind of stake in your lawn. If you do not put one up they will put the tap where they see fit. Mr. Reitz asked about the distance the line should be from gas lines etc . Mr. Austic stated this information would be in the Standards Specification manual . The question was asked about who has to register — Does both the plumber and the digger have to register? The answer is yes unless they are both working for the same company. When a contractor registers they have to show proof of insurance of the $ 2 million liability. A meeting is scheduled for Monday, September 15 , 2003 at 7 : 00 p . m . to adopt the law and the standards . Mr. Austic stated if anyone has any additional questions call the office and he or Mrs . Georgia can answer your question . Hearing no further questions and/or concerns the meeting was adjourned at 8 : 25p .m . Respectfully submitted, Marsha L . Georgia Ulysses Town Clerk f �9 MLG : mg