HomeMy WebLinkAbout2010-07-21-BZA TOWN OF ULYSSES
BOARD OF ZONING APPEALS
07/21 /10
APPROVED 08/25/10
PRESENT : Chairman George Tselekis, BZA Members Barbara Bristow, Dick Coogan,
Carl Mann, Code Enforcement Officer Alex Rachun, Zoning Typist Robin Carlisle Peck
Excused : Andy Glasner
Applicants : Ted Murray
Public : Nora Donovan, Tom Schlee
Chairman George Tselekis called the meeting and a duly advertised public hearing to
order at 7 : 30 pm. He stated they are reviewing an application from Ted Murray for
subdividing a 45 . 56 acre lot, parcel 34 . - 1 -38 . 2 , in which one resulting lot will not meet
the required 400 feet of frontage, (231 feet) , nor the two acres, ( 1 . 77 acres) , required in
the Agricultural 1 District. Subdivision was denied under Article 5 . 7 of the Town of
Ulysses Zoning Law in which a legal conforming lot requires 400 feet of frontage and a
minimum lot area of two acres . He asked the applicant to describe his application.
Mr. Murray stated the property is located at 3112 Jacksonville Road, it is part of his
Father' s estate. They would like to sell his house with the lot. The want to move the
property line so there is 50 feet offset of the barn then the barn would become part of his
property. The property is currently zoned as Agricultural and Residential there is a line
that splits the property the house is located in the Agricultural piece . This area requires
400 feet of frontage and a minimum of 200, there would not be 400 even if the barn
stayed on the lot. The houses along Jacksonville are all zoned Residential and average
170 to 175 of frontage. His proposal would be to have the lot the house on be 231 feet of
frontage .
Mr. Tselekis reviewed the maps presented, he asked how much frontage the property
currently has .
Mr. Murray stated the frontage is 298 and 45+ acres . The property lines would maintain
all of the other setbacks required.
Mr. Tselekis clarified he owns the property that runs behind this lot . He acknowledged
this and stated the barn and acreage would be added to his lot.
Mr. Murray confirmed this was correct.
Mr. Tselekis stated the existing lot would be 176 thus it appeared the frontage would be
divided a little more evenly.
Mr. Murray stated that would be correct and he noted that the 176 feet of frontage would
be reflective of the other lots in the neighborhood. Paul Tater has a much larger lot
however his is the exception.
Mr. Tselekis asked why he was not using more of the acreage to make the lot the full two
acres .
Mr. Murray stated he used the back of the garden area which seemed to be a logical lot
line.
Mr. Tselekis asked if the public had any comments .
Ms Nora Donovan stated she resides in this area and wondered what they would be using
this property for. Specifically, would there be development on this lot.
Mr. Murray stated he would be maintaining the lot as it currently is . He would use it or
trails, hunting as he has been.
Mr. Tom Schlee stated this plan is common this neighborhood and he feels this
application would make sense for the character of this neighborhood.
Mr. Rachun stated the houses south of the Murray estate were issued permits by him.
They were all issued as one acre lots .
Mr. Mann asked if they had received any correspondence on this application.
Ms . Carlisle Peck stated they had not.
Mr. Tselekis stated they would be taken frontage from one lot and adding it to another.
They do have the option of taking additional acreage however the applicant was not. He
asked how the members felt about this issue.
Mr. Coogan asked if he needed to make the lot 2 acres how would this impact the
subdivision.
Mr. Murray replied he had used the natural hedge of the garden, blackberry and raspberry
bushes as the lot line . It seemed to be a logical divider, however in addition if he does
have to maintain the 2 acres it would be next to his home .
Mr. Tselekis asked if there were any other comments . None were offered, he asked if the
Board members would like to make a motion.
Mr. Mann made the MOTION, seconded by Ms . Bristow
Whereas, there will no undesirable change to the character of the neighborhood, and
Whereas, there is no detriment to nearby property resulting from the requested variance, and
Whereas, the benefits sought by the applicant cannot be achieved by a feasible
alternative method other than an area variance as has been noted in discussion, and
Whereas, the variation is not substantial and
Whereas, the variance requested will not have an adverse impact on the physical and
environmental conditions in the neighborhood, and
Whereas, the alleged difficulty was not self-created,
Be it therefore resolved that the Town of Ulysses Zoning Board of Appeals approve an
area variance to subdivide the property to Ted Murray, 3112 Jacksonville Road,
Trumansburg, NY Town of Ulysses, Tax Parcel
34- 1 -38. 2.
Chairman Tselekis called the vote :
Ms. Bristow Aye
Mr. Coogan Aye
Mr. Mann Aye
Mr. Tselekis Aye
The vote was unanimous . Variance was APPROVED
Mr. Tselekis informed the applicant the motion was approved.
Mr. Rachun advised the applicant to contact him as soon as possible.
Ms Carlisle Peck stated they have minutes to approve from 02/ 10/ 10 .
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Mr. Tselekis reviewed the minutes and informed the members of the business conducted
that day he asked if there was a motion on the minutes .
Mr. Coogan made the MOTION, seconded by Ms . Bristow to approve the minutes of
02/ 10/ 10 . Motion passed, MINUTES approved.
Mr. Mann made the MOTION to adjourn, seconded by Mr. Coogan, all in favor. The
III meeting was adjourned at 7 :45pm
Respectfully submitted,
Robin Carlisle Peck
Secretary
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