HomeMy WebLinkAbout2024-10-23 BZA Final Minutes
Board of Zoning Appeals Meeting Minutes Page 1 of 7
October 23, 2024
Board of Zoning Appeals
Zoom Hybrid Meeting
Meeting Minutes
October 23, 2024
Approved: February 19, 2025
Board Members Present: Chair Stephen Morreale, Andrew Hillman, Karen Meador, Cheryl
Thompson, David Tyler
Absent Board Members: Robert Howarth
Quorum Present
Applicants Present:
Town Staff Present: Mollie Duell, Niels Tygesen
Members of the public Present: Cindy Dew, Lars Voorhees
Proceedings
Chair Morreale called the meeting to order at 7:01 PM at Town Hall.
Approval of Past Minutes
Motion: Tyler motioned to appoint Meador as a voting member for the duration of the
meeting; Hillman seconded.
Vote: Hillman, aye; Thompson, aye; Tyler, aye; and Chair Morreale, aye.
Motion Carried.
Motion: Hillman motioned to approve the August 7, 2024 meeting minutes as written;
Thompson seconded.
Vote: Hillman, aye; Meador, aye; Thompson, aye; Tyler, abstain; and Chair Morreale, aye.
Motion Carried.
Old Business Items
VAR2311-02, Bennett Area Variances, Public Hearing
4450 Ploss Lane, Parcel Number 12.-3-12.2
The applicant, Charles Guttman, on behalf of the property owners, Marcie Bennett-Gray and
Thomas Bennett Jr., proposes to subdivide the existing 1.56 acre lot into two lots, Parcel A
approximately 5,508sf and Parcel B approximately 66,146sf. The R zone req uires a minimum lot
area of 32,000 square feet for lots with public water or sewer, 160 feet of lot width at the front
lot line, 200 feet of lot depth, and a maximum lot coverage of 7.5 percent per the Code of the
Town of Ulysses (CTU) 212-40. Four area variances for Parcel A are requested from the Board of
Zoning Appeals (BZA) as part of overall subdivision review with the Planning Board: reduction of
the minimum lot area under CTU 212.40.B to 5,508sf, reduction of the minimum lot width
under CTU 212-40.D, to 146.75 feet, reduction of the minimum lot depth under CTU 212.40.E,
to 75.09 feet, and exception from the maximum lot coverage under CTU 212.40.J to 12.6
percent.
Board of Zoning Appeals Meeting Minutes Page 2 of 7
October 23, 2024
Charles Guttman was not available to attend the hearing. Chair Morreale noted the Board
prefers applicants or their representatives to be present. The Village of Trumansburg has left
the variance decision to the Ulysses BZA.
Discussion ensued over the garage that lies partially in the Town of Ulysses and partially in the
Village of Trumansburg. Chair Morreale suggested that the structure should not be habitable as
an additional condition of approval.
Meador questioned what was disclosed to the buyers during the property sale. Cindy Dew, who
intends to purchase proposed Parcel B, explained that the entire property has been sold since
the application was submitted.
Tygesen noted that the Planning Board issued a negative SEQR determination, and the
Tompkins County Planning Department also found no negative impact. No other comments
about the proposal were received from the public. No variances are required for Parcel B.
Discussion ensued over possible future development on Parcel B. Board members expressed
that this is not a concern due to the location in a relatively dense neighborhood.
Discussion ensued over the deed restriction. Tygesen noted the new owners have been given
notice of the public hearing.
Tyler and Meador agreed it is not ideal to have one lawyer representing the former owner,
current owner, and buyer of subdivided Parcel B. Chair Morreale stated that this is not within
the purview of the BZA.
Motion: Thompson motioned to approve Board of Zoning Appeals Resolution 2024-002: A
Resolution for Four Area Variances for the Bennett Two Lot Subdivision Located at 4450 Ploss
Lane, Town of Ulysses, Tax Parcel 12.-3-12.2; Hillman seconded.
Whereas, a request for four area variances was submitted to the Board of Zoning Appeals (BZA)
by Charles Guttman, on behalf of the property owners, Marcie Bennett-Gray and Thomas
Bennett Jr., for property located at 4450 Ploss Lane, Tax Parcel 12.-3-12.2; and
Whereas, the area variance requests are related to a minor subdivision application with the
Planning Board to subdivide the subject lot into two parcels: ‘Parcel A’ approximately 5,508
square feet (sf) and ‘Parcel B’ approximately 66,146sf in area as shown on the plat attached;
and
Whereas, the first area variance request is relief from the Code of the Town of Ulysses (CTU)
212-40.B, to reduce the minimum required lot area for ‘Parcel A’ from 32,000sf to 5,508sf; and
Whereas, the second area variance request is relief from CTU 212 -40.D, to reduce the minimum
required lot width at the front lot line for ‘Parcel A’ from 160 feet to 146.75 feet; and
Whereas, the third area variance request is relief from CTU 212-40.E, to reduce the minimum
required lot depth for ‘Parcel A’ from 200 feet to 75.09 feet; and
Whereas, the fourth area variance request is relief from CTU 212 -40.J, to exceed the maximum
lot coverage for ‘Parcel A’ from 7.5 percent to 12.6 percent; and
Board of Zoning Appeals Meeting Minutes Page 3 of 7
October 23, 2024
Whereas, the Planning Board did declare its intent to act as Lead Agency for the environmental
review for the proposal on December 5, 2023; and
Whereas, the BZA did agree to declare the Planning Board as Lead Agency on December 20,
2023; and
Whereas, the Planning Board did issue a negative determination of environmental significance
under the New York Codes, Rules, and Regulations Title 6, Part 617 on May 21, 2024 and
therefore an Environmental Impact Statement is not required; and
Whereas, pursuant to Consolidated Laws of New York (CLNY) Chapter 24, Article 12 -B, Sections
239 L, M, and N the proposal was submitted to Tompkins County for review; and
Whereas, The Department of Planning & Sustainability of Tompkins County submitted their
response letter to the Town dated December 21, 2023 that states they determined the
proposed action will have no significant county-wide or inter-community impact; and
Whereas, the BZA did conduct public meetings on December 20, 2023 and October 23, 2024 an
discussed the proposed variance requests; and
Whereas, notice of the public hearing was published in the Ithaca Journal on October 11, 2024,
was posted on the Town’s Public Legal Notice Board, was posted on the Town’s webpage, and
mailed to property owners within a 500-foot radius of the subject property; and
Whereas, the BZA did conduct a public hearing on October 23, 2024 were it reviewed a plat
entitled "Final Plat for 4450 Ploss Lane – Parcel 12.-3-12.2, Town of Ulysses, Tompkins
County, New York", prepared by T.G. Miller, P.C., dated September 21, 2023 and revised
September 11, 2024, and other application materials; and
Whereas, by considering the criteria listed in CLNY 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 variances were granted; and
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 the area variance.
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 reduce the minimum
required lot area for ‘Parcel A’ from 32,000sf to 5,508sf will outweigh the detriment to the
health, safety and welfare of the neighborhood with the deed restriction in place.
Board of Zoning Appeals Meeting Minutes Page 4 of 7
October 23, 2024
2. The granting of the area variance to reduce the minimum required lot area for ‘Parcel A’ will
not create an undesirable change in the character of the neighborhood and will not be a
detriment to nearby properties.
3. The benefit sought by the applicant to reduce the minimum required lot area for ‘Parcel A’
can be achieved by some other method feasible for the applicant to pursue other than an
area variance; however, with the deed restriction this is the most desirable outcome for the
owners which will preserve the character of the site.
4. The requested area variance to reduce the minimum required lot area for ‘Parcel A’ is
substantial.
5. The proposed area variance to reduce the minimum required lot area for ‘Parcel A’ 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 causing the need to reduce the minimum required lot area for ‘Parcel
A’ is self-created.
7. The benefit to the applicant in the granting of the area variance to reduce the minimum
required lot width at the front lot line for ‘Parcel A’ from 160 feet to 146.75 feet will
outweigh the detriment to the health, safety and welfare of the neighborhoo d with the
deed restriction in place.
8. The granting of the area variance to reduce the minimum required lot width at the front lot
line for ‘Parcel A’ will not create an undesirable change in the character of the
neighborhood and will not be a detriment to nearby properties due to a deed restriction on
further development that will be required as a condition of approval.
9. The benefit sought by the applicant to reduce the minimum required lot width at the front
lot line for ‘Parcel A’ can be achieved by some other method feasible for the applicant to
pursue other than an area variance; however, with the deed restriction this is the most
desirable outcome for the owners which will preserve the character of the site.
10. The requested area variance to reduce the minimum required lot width at the front lot line
for ‘Parcel A’ is not substantial.
11. The proposed area variance to reduce the minimum required lot width at the front lot line
for ‘Parcel A’ 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.
12. The alleged difficulty to reduce the minimum required lot width at the front lot line for
‘Parcel A’ is self-created.
13. The benefit to the applicant in the granting of the area variance to reduce the minimum
required lot depth for ‘Parcel A’ from 200 feet to 75.09 feet will outweigh the detriment to
the health, safety and welfare of the neighborhood with the deed restriction in place.
14. The granting of the area variance to reduce the minimum required lot depth for ‘Parcel A’
will not create an undesirable change in the character of the neighborhood and will not be a
Board of Zoning Appeals Meeting Minutes Page 5 of 7
October 23, 2024
detriment to nearby properties due to a deed restriction on further development that will
be required as a condition of approval.
15. The benefit sought by the applicant to reduce the minimum required lot depth for ‘Parcel A’
can be achieved by some other method, feasible for the applicant to pursue other than an
area variance; however, with the deed restriction this is the most desirable outcome for the
owners which will preserve the character of the site.
16. The requested area variance to reduce the minimum required lot depth for ‘Parcel A’ is
substantial.
17. The proposed area variance to reduce the minimum required lot depth for ‘Parcel A’ 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.
18. The alleged difficulty to reduce the minimum required lot depth for ‘Parcel A’ is self -
created.
19. The benefit to the applicant in the granting of the area variance to exceed the maximum lot
coverage for ‘Parcel A’ from 7.5 percent to 12.6 percent will outweigh the detriment to the
health, safety and welfare of the neighborhood with the deed restric tion in place.
20. The granting of the area variance to exceed the maximum lot coverage for ‘Parcel A’ will not
create an undesirable change in the character of the neighborhood and will not be a
detriment to nearby properties due to a deed restriction on further develop ment that will
be required as a condition of approval.
21. The benefit sought by the applicant to exceed the maximum lot coverage for ‘Parcel A’ can
be achieved by some other method feasible for the applicant to pursue other than an area
variance; however, with the deed restriction this is the most desirable outcome for the
owners which will preserve the character of the site.
22. The requested area variance to exceed the maximum lot coverage for ‘Parcel A’ is
substantial.
23. The proposed area variance to exceed the maximum lot coverage for ‘Parcel A’ 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.
24. The alleged difficulty to exceed the maximum lot coverage for ‘Parcel A’ 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 reduce the minimum required lot area for ‘Parcel A’ from 32,000sf to
5,508sf, does grant the area variance to reduce the minimum required lot width at the front lot
line for ‘Parcel A’ from 160 feet to 146.75 feet, does grant the area variance to reduce the
minimum required lot depth for ‘Parcel A’ from 200 feet to 75.09 feet, and does grant the area
variance to exceed the maximum lot coverage for ‘Parcel A’ from 7.5 percent to 12.6 percent
for the proposed minor subdivision located at 4450 Ploss Lane, subject to the following
conditions:
Board of Zoning Appeals Meeting Minutes Page 6 of 7
October 23, 2024
Conditions of Approval:
1. A deed restriction prohibiting any additional structures shall be recorded against Parcel A
and a certified copy of the recorded instrument shall be filed with the Town with
submission of the final plat map for approval signatures.
2. Any future request to remove the deed restriction shall require approval by the BZA.
3. The existing garage shall not be used as habitable space.
Ayes: Hillman, Meador, Thompson, Chair Morreale
Nays: None
Absent: Howarth
Abstain: Tyler
Motion Carried.
Board members discussed setting the regularly scheduled meetings for the BZA for 2025.
Motion: Thompson motioned to approve Board of Zoning Appeals Resolution 2024-003: A
Resolution Adopting the Regularly Scheduled Meetings for 2025 ; Chair Morreale seconded.
THE BOARD OF ZONING APPEALS RESOLVES THE FOLLOWING:
The Board of Zoning Appeals hereby adopts the following as its schedule of Regular Meetings
for the Year 2025. Unless otherwise noted, all meetings for the Town of Ulysses Board of Zoning
Appeals will be held on the third Wednesday of every month in 2025, commencing at 7:00 PM
and ending by 10:00 PM as noted below.
Wednesday, January 15, 2025
Wednesday, February 19, 2025
Wednesday, March 19, 2025
Wednesday, April 16, 2025
Wednesday, May 21, 2025
Wednesday, June 18, 2025
Wednesday, July 16, 2025
Wednesday, August 20, 2025
Wednesday, September 17, 2025
Wednesday, October 15, 2025
Wednesday, November 19, 2025
Wednesday, December 17, 2025
Meetings will be held in Town Hall, 10 Elm Street, Trumansburg, NY.
Ayes: Hillman, Meador, Thompson, Tyler, Chair Morreale
Nays: None
Absent: Howarth
Abstain: None
Motion Carried.
Board of Zoning Appeals Meeting Minutes Page 7 of 7
October 23, 2024
Town Board Liaison Report
No Town Board members attended the meeting.
Motion: Hillman motioned to adjourn; Meador seconded.
Vote: Hillman, aye; Thompson, aye; Tyler, aye; Meador, aye; Chair Morreale, aye.
Motion Carried.
ADJOURNED 8:17 PM
________________________________________________
Mollie Duell
Board of Zoning Appeals Secretary