HomeMy WebLinkAbout2023-06-21 BZA Final Minutes
Board of Zoning Appeals Meeting Minutes – June 21, 2023 Page 1 of 7
Board of Zoning Appeals
Zoom Hybrid Meeting
Meeting Minutes
June 21, 2023
Approved: July 19, 2023
Board Members Present: Chair Stephen Morreale, Robert Howarth, Andrew Hillman, Cheryl Thompson,
David Tyler
Board Members Absent: Thomas Butler
Quorum Present
Others Present: Kristin Savard, Jessica Janssen, Katrina Morse, Karen Benjamin
Town Staff Present: Niels Tygesen, Mollie Duell
Proceedings
Chair Morreale called the meeting to order at 7:00 PM at Town Hall.
Approval of Agenda
Howarth requested two items be added to the Agenda; an update on the status of required training, as
previously discussed by the Town Board, and additionally, an update on the status of the Angelhearts
proposal and if any BZA approval will be required.
Approval of Past Meeting Minutes
Approval of past minutes was postponed.
Privilege of the Floor
No members of the public approached the BZA regarding any items not on the agenda.
Old Business Items
VAR2303-002: New Women’s Residential Addiction Recovery Center Area Variance
The applicant and property owner, Ithaca Alpha House Center, Inc., proposes to construct a new two-
story detached building, approximately 13,385 gross square feet, for use as a 25 bed facility associated
with the existing Cayuga Addiction Recovery Services building on the subject site. Two area variances
were initially requested from the Board of Zoning Appeals (BZA) as part of a site plan review with the
Planning Board. Ulysses Town Code (UTC) 212-29.A permits only one principal building on a lot in the
A/R zone, and UTC 212-29.L limits the permitted maximum floor area of a new nonagricultural building
to 5,000 square feet. The applicant has subsequently requested a third area variance from UTC 212.29.J
to exceed the maximum lot coverage of 5%. The Planning Board reviewed the proposal at their June 6th
meeting, focusing on the proposed fire retention system and water supply. The SEQR determination
from 2019 was reaffirmed unanimously by The Planning Board after confirming a cistern is planned to
be used for holding water and no additional ponds will be added.
In October 2019, an area variance was approved with conditions. The variance allowed greater than 5%
lot coverage, which would be exceeded with the construction of the addition. The conditions for the
variance included requiring a 500-year stormwater plan and filing a restrictive covenant over the entire
CARS property, which lies partly within Tompkins County and partly within Schuyler County. Following
BZA approval, the Site Plan was approved by the Planning Board. The deed restriction was intended to
be filed when applying for a building permit. However, the project was paused before reaching this final
step, when the COVID-19 pandemic shutdown temporarily stopped the project in 2020. In December
2019, significant changes to the Town’s zoning laws were adopted, and the property was reclassified
Board of Zoning Appeals Meeting Minutes – June 21, 2023 Page 2 of 7
from a Residential to Agricultural zone. The covenant is still intended to be recorded upon receipt of all
Town approvals, including acquiring a building permit.
Because of the 2019 zoning changes, two new variances are required. First, the proposal will now
require a variance to allow the property to have a second principal building. Second, a variance is
needed to allow the maximum square footage of the building to exceed 5,000 feet.
The BZA discussed the timeline of the CARS project so far with Kristin Savard, owner of Advance Design
Group, and Jessica Janssen, the CEO of Cayuga Addiction Recovery Services. Determining the next steps
is dependent on clarifying which elements of the proposal are entirely new. The proposal has now been
in development for years, and BZA members expressed interest in seeing previous materials
summarizing the timeline. Chair Morreale requested to see minutes from meetings that have discussed
the proposal thus far.
Discussion ensued on the status of the application and whether or not the proposal is considered a
rehearing. Plans have changed, and a rehearing would require unanimous approval from BZA. Savard
believes the application is entirely new, but Morreale stated that it seems that the BZA is revisiting the
same application. Howarth stated that he also considers this to be a rehearing. Savard believes this is a
new hearing because while the project was paused, unbeknownst to the design team, zoning changed
through the entire town.
Depending on which variance is being considered, the BZA may determine this to be a rehearing, but the
BZA would like clarification from legal counsel. Howarth noted that the decision of whether the
application is a rehearing or not is the decision of the BZA.
Chair Morreale stated he would like a brief summary of what the Planning Board has decided requiring
this property and why. Thompson asked if the project has changed in relation to these new variances.
Savard explained that they have not changed, and the two additional variances are only required due to
the 2019 zoning law changes. Changes that have taken place are a result of limited resources due to a
rise in construction costs related to the Covid-19 pandemic. These changes include reducing certain
elements of the project, such as removing the additional parking lot that was originally planned.
Currently Savard is focused on determining if the 500-year storm plan requirement will still be required
before moving forward with the new variances and finalizing building plans. Savard would like to have
the 500-year storm design requirement removed, since developing this plan will raise construction costs
considerably. Savard also voiced concern about how much environmental disturbance would be caused
from construction related to the stormwater plan. Savard’s goal is to reduce the footprint of the impact,
reduce construction costs, stay further away from adjacent properties, and reallocate funds that could
be used for other areas of the project, especially elements that are beneficial to directly supporting
addiction recovery treatments. Howarth stated that he believes a rehearing is needed to remove the
500-year stormwater plan requirement and noted he did not feel that it is likely he would approve
removing this; a unanimous vote from the BZA would be required.
Savard spoke about newer techniques that are being used to calculate future stormwater estimations,
noting that the State is developing methods to address the initial concerns from the BZA that led to the
500-year stormwater condition being added to the variance. Savard stated that newer data accounts for
the greater intensity of storms.
Board of Zoning Appeals Meeting Minutes – June 21, 2023 Page 3 of 7
Howarth questioned the status of these new methods and if they have been federally approved.
Discussion ensued over various agencies that address stormwater and flooding and which data is being
referenced in the new figures that Savard is referencing. Chair Morreale noted that the BZA may ask for
stricter requirements than State regulations would. Howarth noted that there have been multiple 500
and 100-year storms in the past 20 years, which is why the condition was added to the original variance.
Savard expressed interest in a Town engineer or other agency specializing in engineering offer advice on
decisions related to changing the 500-year stormwater plan requirement.
Tygesen reviewed the original variance and associated conditions. Amendments to the previously
approved variance in 2019 could be considered a rehearing, however the variance requests for a second
principal building and exceeding the maximum gross square footage of the building are new. Tygesen
asked BZA members if there was any additional information they required from the applicant in order to
move forward with the proposal; BZA members asked to see previous meeting minutes, review where
the Town of Hector stands regarding this project, clarify details about the deed restriction, and hear
further information from legal counsel.
The BZA and Savard discussed what communications had taken place with Jimmie Joe Carl, a
stormwater engineer who was previously hired by the town to review the stormwater plan. Discussion
ensued over Carl’s involvement in developing in the plan. Additionally, Savard mentioned the buffer
setback issues that had been previously discussed and resolved during the June 6th Planning Board
meeting.
Tygesen introduced Gina Middleton, of Coughlin & Gerhart, LLP. Middleton stated that this proposal will
most likely be a rehearing if the application has not changed, but this it yet to be determined. Discussion
ensued over clarifying which elements of the proposal will need a rehearing and which elements are
new. Chair Morreale asked if the entire application would need to be considered a rehearing if one
element qualifies; this is one of the elements that will need further review from legal counsel. Savard
asked if there had been any statute of limitations on the original variance; Tyler responded this may
have occurred. Middleton reviewed the definition of a rehearing, and noted that if a final decision was
not properly filed, it is possible that there is nothing to rehear or appeal. Discussion ensued on what the
next possible steps could be for this proposal and in which setting these communications must take
place.
New Business Items
VAR2305-01: Benjamin Area Variance
The applicant, Katrina Morse, on behalf of the owner, Karen Benjamin, applied for a minor subdivision
to subdivide the existing 15.07-acre lot into two lots. The Planning Board was briefed on their proposal
during the Board’s March 7th meeting, and subsequently the applicants have proposed a new lot
configuration (plat dated 05.08.2023) which will require an area variance from the Board of Zoning
Appeals (BZA). Ulysses Town Code (UTC) 212-130.A states flag lots shall meet the minimum lot area
excluding the pole, lot width, and lot depth requirements of the zoning district within which it is located.
Per the definition of ‘Lot, Flag’ under UTC 212-22 and per the minimum lot frontage width requirements
for the A/R zone under UTC 212-29.D, the front lot line is required to be 400 feet in width. The applicant
has proposed a lot width of 200 feet.
Benjamin and Morse presented the proposal. The first plan complied with the zoning code and would
not require a variance, but the orientation of the subdivided flag lot would create a strange horseshoe
shape for the parent lot which could devalue the land.
Board of Zoning Appeals Meeting Minutes – June 21, 2023 Page 4 of 7
The applicant noted that the surveyor thought the revised plan that required a variance is the best
option. All requirements are met, except for having 400 feet of the subdivided lot parallel to the road.
The BZA reviewed the map with the Morse and Benjamin. Howarth voiced concern over any future
subdivisions taking place. Chair Morreale reviewed alternate options for land configurations. Discussion
ensued on what other options the applicant could consider. The applicant explained options are limited
due to the importance of preserving elements of the landscape, such as the walnut grove. Tygesen
clarified the regulations pertaining to flag lots.
Thompson suggested the possibility of building a home as an accessory dwelling unit, but acknowledged
that Morse could not own the property. Howarth noted there are 3 possibilities, including building the
new home as an accessory dwelling unit which limits its maximum size to 1,250 square feet, returning to
the plan that creates a strange lot configuration but does not require a variance, or continuing with the
desired plan that needs BZA approval. Howarth suggested creating a deed restriction that will allow no
further subdivisions. Benjamin is in favor of the last option, as long as an accessory building would still
be allowed on her property. It was noted that a deed restriction would supersede future zoning law
changes. The new flag lot would not have any deed restrictions.
Board of Zoning Appeals Resolution No. 2023-003
A Resolution of SEQR Determination for the Benjamin Area Variance Located at 4190 Dubois Road,
Town of Ulysses, Tax Parcel 27.-3-12.2
Whereas, the proposed action is in consideration of an area variance for a proposed parcel located at
4190 Dubois Road (tax map # 27.-3-12.2), zoned A/R: Agricultural/Rural; and
Whereas, the area variance request is related to a minor subdivision application to subdivide the subject
lot into two parcels: ‘Parcel A1’ approximately 2.14 acres in area and ‘Parcel A2’ approximately 12.93
acres in area; and
Whereas, the area variance request is relief from the Code of the Town of Ulysses 212-130.A, 212-29.D,
and the definition of ‘flag lot’ under 212-22, to reduce the minimum required lot width at the front lot
line for ‘Parcel A1’ from 400 feet to 200 feet; and
Whereas, the Board of Zoning Appeals on June 21, 2023, has reviewed and accepted as adequate a
proposed subdivision map entitled "Final Plat Showing Lands of Karen Benjamin to be Conveyed to
Katrina Morse, located at 4190 Dubois Road, Town of Ulysses Tompkins County New York", prepared by
Shieve Land Surveying, dated August 6, 2019, revised May 8, 2023, and other application materials;
conditional on a deed restriction prohibiting any further subdivision of the properties; and
Whereas, the requested area variance is an Unlisted action under the Code, Rules, and Regulations of
the State of New York Title 6, Part 617 (SEQR) for which the Town of Ulysses Board of Zoning Appeals
has reviewed a Short Environmental Assessment Form in an uncoordinated environmental review; and
Whereas, the proposal should not negatively impact the character of the neighborhood or the A/R
zones.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS,
Considering all of the statutory factors set forth above, the Board of Zoning Appeals finds the following:
Board of Zoning Appeals Meeting Minutes – June 21, 2023 Page 5 of 7
That the Town of Ulysses Board of Zoning Appeals hereby makes a negative determination of
environmental significance in accordance with Article 8 of the Environmental Conservation Law and 6
NYCRR Part 617 New York State Environmental Quality Review for the above referenced action as
proposed, based on the information in the Short Environmental Assessment Form, and, therefore, an
Environmental Impact Statement will not be required.
Motion: Howarth made a motion to approve Board of Zoning Appeals Resolution 2023-003 after adding
information about the deed restriction; Hillman seconded.
Vote: Howarth, aye; Tyler, aye; Thompson, aye; Hillman, aye; and Chair Morreale, aye.
Motion Carried.
Board of Zoning Appeals Resolution No. 2023-004
A Resolution of an Area Variance Approval for the Benjamin Area Variance Located at 4190 Dubois
Road, Town of Ulysses, Tax Parcel 27.-3-12.2
Whereas, an area variance was submitted to the Board of Zoning Appeals (BZA) by Karen Benjamin,
applicant and owner for property located at 4190 Dubois Road (tax map # 27.-3-12.2), and which is
approximately 15.07 acres in size, zoned A/R: Agricultural/Rural; and
Whereas, the area variance request is related to a minor subdivision application to subdivide the subject
lot into two parcels: ‘Parcel A1’ approximately 2.14 acres in area and ‘Parcel A2’ approximately 12.93
acres in area as shown on the survey map dated May 8th, 2023, and sketch attached; and
Whereas, the area variance request is relief from the Code of the Town of Ulysses 212-130.A, 212-29.D,
and the definition of ‘flag lot’ under 212-22, to reduce the minimum required lot width at the front lot
line for ‘Parcel A1’ from 400 feet to 200 feet; and
Whereas, the Planning Board considered the proposal during sketch plat review on June 6, 2023 and
provided comment to the BZA that the Planning Board unanimously concluded that the proposed
project does not pose a detrimental environmental impact to the site or to the character of the
surrounding community; and
Whereas, this is an Unlisted Action for which the Town of Ulysses Board of Zoning Appeals has on June
21, 2023, made a negative determination of environmental significance, after having reviewed and
accepted as adequate a Short Environmental Assessment Form, subject to the deed restriction against
further subdivision; and
Whereas, the action does not require 239 review, per the Inter-Governmental Agreement made with
Tompkins County 24 November 2003; and
Whereas, notice of the public hearing was published in the Ithaca Journal on June 16, 2023, was posted
on the Town’s Public Legal Notice Board, was posted on the Town’s webpage, and was mailed to
property owners within a 500-foot radius of the subject property; and
Whereas, by considering the criteria listed in the Consolidated Laws of New York Chapter 62, Article 16,
Section 267-B.3.b, the BZA reviewed the record and weighed the benefits to the applicant against the
detriment to the health, safety and welfare of the neighborhood if the variance was granted; and
Board of Zoning Appeals Meeting Minutes – June 21, 2023 Page 6 of 7
1. Whether an undesirable change will be produced in the character of the neighborhood or a
detriment to nearby properties will be created by the granting of the area variance.
2. Whether the benefit sought by the applicant can be achieved by some other method, feasible for
the applicant to pursue, other than area variances.
3. Whether the requested area variance is substantial.
4. Whether the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district.
5. Whether the alleged difficulty was self-created.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS,
Considering all of the statutory factors set forth above, the Board of Zoning Appeals finds the following:
1. The benefit to the applicant in the granting of the area variance to decrease the minimum required
lot width at the front lot line for ‘Parcel A1’ from 400 feet to 200 feet will outweigh the detriment to
the health, safety and welfare of the neighborhood.
2. The granting of the area variance to decrease the minimum required lot width at the front lot line will
not create an undesirable change in the character of the neighborhood and will not be a detriment to
nearby properties due to the deed restriction on further subdivision.
3. The benefit sought by the applicant to decrease the minimum required lot width at the front lot
line can be achieved lot line can be achieved by some method, feasible for the applicant to pursue
other than an area variance, however with the required deed restriction below, this is the most
desirable outcome for the owners which preserves the environmental character of the site.
4. The requested area variance to decrease the minimum required lot width at the front lot line is
substantial.
5. The proposed area variance to decrease the minimum required lot width at the front lot line will not
have an adverse effect or impact on the physical or environmental conditions in the neighborhood or
district with the deed restriction in place.
6. The alleged difficulty to decrease the minimum required lot width at the front lot line is self-created.
For the reasons set forth above, and upon the evidence, law and facts, the BZA hereby does grant the
area variance to decrease the minimum required lot width at the front lot line for ‘Parcel A1’ from 400
feet to 200 feet for the proposed minor subdivision located at 4190 Dubois Road, subject to the
following condition:
Condition of Approval
1. A deed restriction prohibiting any further subdivision of 4190 Dubois Rd, identified as ‘Parcel A2’, as
delineated on the survey map prepared by Shieve Land Surveying, dated August 6, 2019, revised May 8,
