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HomeMy WebLinkAbout2010-01-20-BZA 1 TOWN OF ULYSSES BOARD OF ZONING APPEALS 01 /20/10 APPROVED 02/10/10 PRESENT : Chairman George Tselekis, BZA Members , Andy Glasner, Carl Mann, Code Enforcement Officer Alex Rachun, Zoning Typist Robin Carlisle Peck Excused : Barbara Bristow, Gerald VanOrden Applicants : Jim Seafuse, Bret Seafuse Public : Frank Leahy Chairman George Tselekis called the meeting and a duly advertised public hearing to order at 7 : 30 pm . He stated they are considering a request for the Shur Save grocery store expansion. He asked the applicants to present the project. Mr. Bret Seafuse asked if the members had received copies of their plans . He stated they are looking to fill in the space between the current store and the pharmacy. They would increase the size of the store and offer other retail services . The reason is square footage they are already over the 12 , 000 square foot limit which was not in effect when they built . The addition would put them over, the addition is just under but they do not intend on putting a firewall in thus it is one building. Thus, they need a variance to add 12, 000 square feet of retail store. Mr. Tselekis stated they are currently twice the limit, this would make them three times the limit. He asked Mr. Rachun if he had received feedback. Mr. Rachun stated he had received a phone call from Mr. Lee Scott who is a contiguous property owner to the Shur Save he stated his position is in support of the expansion. Mr. Tselekis noted that a member of the public is in the audience . He asked the individual if they had information to offer. He stated he came in support of this proposal he has lived in Trumansburg for 14 years . He has always shopped here and it is a family friendly place. He thinks it serves a need in the community. He feels it is a green initiative in that it allows people to not have to drive to Ithaca for groceries . He believes the addition would offer more selection in the store which would be good. Mr. Glasner asked him to state his name. He stated his name is Frank Leahy and he lives at 3070 Proskine Place . Mr. Glasner thanked him. He asked Mr. Rachun if anything were to go in this space it would be allowed within the boundaries of the zoning. Mr. Rachun stated it would, if they had a firewall to separate the two stores it would have been allowed. There would have been site plan review but it would not have been necessary to come before the Zoning Board. Mr. Glasner clarified with the applicants they are the owner' s of the land today. Nobody else could take this space . The only way it could be used without obtaining a variance would be to install a fire wall . He asked why this is not a desirable thing. Mr. Bret Seafuse stated it would not be desirable to have a fire wall in the middle of the store. A grocery store would not be shopable with a fire wall in the middle . They could not have a door in the fire wall . Mr. Glasner stated he is trying to establish if this is a feasible alternative . 2 Mr. Bret Seafuse stated it is not, they could not get from the current store to the new addition through the fire wall . Mr. Glasner stated it is not a feasible alternative to comply with the rules or if the variance is the only reasonable why they can accomplish what they want to do . Mr. Bret Seafuse stated it would be the only reasonable why to have a grocery store that does not have two exits or entrances . Mr. Tselekis stated they have a letter from Tompkins County Planning that stated "the Zoning Board of Appeals may not make a decision until they have received requested documents" . He stated it brings to question why are they here. Mr. Rachun stated he could clarify this . He stated they had sent information to the County. The county was not clear on the parking, they were concerned regarding the traffic circulation. They do believe the parking will be sufficient and there will not be a change in the traffic pattern. He spoke to Scott Doyle, Sr. Planner at Tompkins County and explained this information to him . The County also the Site Plan on file in their office which would clarify a lot. They filed one for Palmer Pharmacy, this information will be provided. It is a unique circumstance as it is the only grocery store, it is a location of civic activities for the town . This information was requested and it will be sent as well . His concern is the parameters of town law and the degree of variation is great. While the 12000 square feet is fairly small in relation to grocery stores . He would like to send this to the town attorney to help the Board in their opinion voting up or down. This would help prevent an Article 78 (lawsuit against the town) . He already expressed this to the Seafuse ' s, our attorney has been out of town but should be returning shortly. The degree of variation could be problematic . There are two issues to delay this decision, satisfy county planning and consult the Town Attorney. Mr. Glasner asked what the impact of a delay would be . Mr. Bret Seafuse stated Mr. Rachun had indicated it might be a few weeks . That would not be a large impact, upon being informed the beginning of December they decided to get through this process first. They held up to see where it would go . Mr. Glasner asked if they had contracts that would result in penalties that would accrue if they delayed a month. Mr. Bret Seafuse stated they did not Mr. Glasner asked from an options could they make an opinion that is contingent or would he recommend they delay. Mr. Rachun stated it is his opinion they have a meeting on a timely basis on a continuation basis and obtain the requested information. The applicants still have to go through Site Plan review . They will still be delayed however once this is approved the site plan is not a judicial review . They will have to provide information for the county but they already have that information from previous development. Mr. Mann asked if they own the field to Maguire ' s parking lot. Mr. Bret Seafuse stated they do . 9 Mr. Mann asked how many feet. Mr. Bret Seafuse stated he is not positive but would say it is 400 feet or more . They have developed about half of the property at this point in time. Mr. Maim asked if they could have a response within a week or so . S 3 Mr. Rachun stated he had a list but he was not sure. He would like to have the legal brief to send to the county but would send expanded information as well . They are also requesting the Board to identify why this degree of variation would be okay. Explain how the proposal meets the variation standard. The degree of variation is on area variances is how a Board makes a decision. The farther from the allowable size the more difficult it is to justify. ! Mr. Glasner stated that normally would be the case if they were looking at this as a less 12000 square foot store by itself The real variance that he is looking at is not putting up the two hour fire wall which would make it a distinct business . He feels that is a clear reason and justification. If it were a new and unique store it would not be a question . Mr. Rachun agreed with Mr. Glasner' s comment. Mr. Bret Seafuse stated he had a list of stores that were 30, 000 square feet or more stores like themselves that are independently owned. The size of Wegman ' s, TOPS , etc are 3 to 4 times the size of Shur Save. He was hoping it would help to identify the sizes they are proposing. Mr. Tselekis stated since they could not make a decision what would be the timeline . Mr. Jim Seafuse asked if the county reviews and decides they do not like the plan. Who makes the final decision does the county or the town? Mr. Rachun explained under town law if the county does not approve the 239 . It has been the town requirement that the town board has to have a super majority. It would require a 4 out of 5 member vote for approval . Mr. Jim Seafuse stated that if the town approves then the county cannot come back and sue the town, him, etc . he wants to have all the I ' s dotted at T ' s crossed to alleviate any problems . Mr. Rachun he would follow up to determine this is correct. However, if the super majority does have to be obtained, it does not help to have negatives . The hitch is the degree of variantion. Mr. Jim Seafuse agreed however Mr. Glasner has determined a degree of variation and reasonableness of it. Mr. Bret Seafuse also agreed that the size of the store is not unreasonable. They would like to see two weeks however they do understand. Mr. Rachun stated the county does work with us . Mr. Glasner asked if they should table so they do not have to repost. Mr. Rachun stated if they do not set a new date they would have to repost. Mr. Bret Seafuse stated they all know how long it could take. Mr. Tselekis asked if they could get the attorney' s opinion and the response back from county in two weeks . Mr. Glasner made the MOTION, seconded by Mr. Mann that this variance be tabled for three weeks for the Town Lawyer and Tompkins County Planning to review the information, the Board would reconvene on February 10th, 2010 at 7 : 30 pm. Chairman Tselekis called the vote : Mr. Glasner Aye Mr. Mann Aye 4 Mr. Tselekis Aye The vote was unanimous . Mr. Rachun asked the members if they all needed updated zoning law. The members replied they did. Mr. Glasner asked if they had minutes to approve. Ms . Carlisle Peck stated they had minutes from 03 / 18/09 to approve. Mr. Glasner made the MOTION to approve the minutes of 03/ 18/09 as presented, Mr. Mann seconded the MOTION. The vote was unanimous, 03/ 18/09 MINUTES APPROVED . Mr. Glasner made the MOTION to adjourn, Mr. Mann seconded the MOTION. The meeting was adjourned at 7 : 59 pm. Respectfully submitted, Robin Carlisle Peck Zoning Typist 1